Brobst v. DPW - Commonwealth Court 09-26-06, publication ordered 01-10-07
http://www.courts.state.pa.us/OpPosting/CWealth/out/121CD06_1-10-07.pdf
The court upheld DPW's decision that the appellant was eligible for the monthly NMP-MA spend-down program but not the ongoing NMP-MA spend-down program, because a) her monthly expenses exceeded the specified income limits and b) her medical expenses were covered under the NMP-MA program, and so could not be deducted from her income.
The ongoing program allows a recipient to "received uninterrupted medical coverage for the full month. 55 Pa.Code sec. 181.13." The monthly program applies where income, after appropriate deductions, is still above the specified income limits, requiring the individual to "spend a certain amount on expenses every month before medical assistance can be available to cover the remaining expenses for the month, 55 Pa. Code sec. 181.13....[M]edical expenses covered by NMP-MA may not be deducted from monthly income....only expenses not covered by NMP-MA....."
The court held that the DPW program under 55 Pa. Code 181.13 was a valid application of the "flexible income test" required under Title XIX of the Social Security Act, 42 USC sec. 1396 et seq.
