2123 Protected Medicaid 1972 (Public Law 92-603)

Georgia State Seal

Georgia Division of Family and Children Services
Medicaid Policy Manual

Policy Title:

Protected Medicaid 1972 (Public Law 92-603)

Effective Date:

February 2020

Chapter:

2100

Policy Number:

2123

Previous Policy Number(s):

MT 10

Updated or Reviewed in MT:

MT-58

Requirements

Protected Medicaid 1972 (PL 92-603) is a class of assistance (COA) that provides Medicaid for an individual/couple who received AABD or AFDC and RSDI concurrently in 1972 and became ineligible for AABD or AFDC because of the 20% 1972 COLA increase in RSDI.

Basic Considerations

To be eligible under the Protected Medicaid 1972 COA an A/R must meet the following conditions:

  • The A/R is currently receiving RSDI.

  • The A/R received AABD or AFDC and RSDI in 8/72.

  • The A/R is currently eligible for SSI if the 1972 RSDI COLA is disregarded.

  • The A/R meets all basic and financial eligibility criteria.

Length of Stay (LOS) and Level of Care (LOC) are NOT requirements for this COA.
Prior receipt of SSI is NOT a requirement for this COA.
Applications are no longer approved under this COA.

Procedures

Follow the steps below to determine Medicaid eligibility under the Protected Medicaid 1972 COA:

Step 1

Accept the A/R’s Medicaid application.
Step 2

Obtain information required to complete the eligibility determination.
Step 3

Using county and state records, determine whether the A/R received AABD or AFDC in 8/72.
Step 4

Obtain the following verification from the Social Security Administration:

  • The current amount of the A/R’s RSDI benefit.

  • The amount of the A/R’s 8/72 RSDI COLA.
Step 5

Determine all basic eligibility criteria except LOS and LOC. Refer to the Chapter 2200, Basic Eligibility Criteria.
Step 6

Determine financial eligibility using the current SSI income and resource limits. Refer to the Chapter 2500, ABD Financial Responsibility and Budgeting, to determine the following:

  • Whose income and resources to consider

  • Which SSI income and resource limit (individual or couple) to use

  • Which eligibility budget to complete
Step 7

Approved Medicaid under the Protected Medicaid 1972 COA if the A/R meets all the above eligibility criteria, including retroactive months if needed.

Do not approve Medicaid under the Protected Medicaid 1972 COA for any month for which the A/R was eligible for and received an SSI payment.