OKLAHOMA CONVERTS FROM A "209-b" STATE TO AN "SSI" STATE

Oklahoma has changed its status from what has been known as a “209-b” state to conform with the SSI criteria effective March 1, 2015.  A handful of states originally opted not to follow the SSI qualification criteria in evaluating income limitations as well as resource limitations when an applicant applied for Medicaid benefits.  Those fewer states were called “209-b” states.  This was permitted under federal law.  Some have considered the SSI criteria more “liberal” than the 209-b rules in some ways, but perhaps not in other ways.  Oklahoma’s adopting the SSI criteria will help simplify the past regimen of attempting to qualify for both SSI and Medicaid with slightly different rules.  Now those qualifying income/resource rules should coincide.  One change is that disbursements from a trust to purchase clothing will no longer be deemed “income” to the recipient.  This has long been a problem for Trustees needing to periodically purchase clothing for a beneficiary.  Disbursements for food or shelter will continue to be treated as “income” to the beneficiary and therefore could be problematic depending on the income category of the beneficiary.

Curtis J. Shacklett, Esq.

Barber & Bartz, P.C.

525 S. Main St., Ste. 800

Tulsa, OK 74103-4511

Telephone: (918) 599-7755

Facsimile: (918) 599-7756

Email: cshacklett@barberbartz.com

Website: www.barberbartz.com