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Committee approves DHHS rule updating protected income levels for Medicaid recipients
Summary
The committee approved DHHS rule 26-35, which updates protected income levels to implement 2024's legislation; staff noted timing and suggested a legislative carveout to avoid annual rulemaking for COLA‑based updates.
The Joint Administrative Rules Committee approved Department of Health and Human Services rule 26-35, which updates maximum monthly protected income levels for certain Medicaid beneficiaries to reflect the legislative direction in HB 1236. Staff reported the statute required a 3.2% increase and annual updates tied to the Social Security Administration cost‑of‑living adjustment and noted the agency had applied changes to its state plan and internal policy before filing the rule for adoption.
Staff cautioned that because the rule contains enumerated dollar limits, the department may need to conduct annual rulemaking or pursue a legislative carveout or an expedited update process to accommodate the automatic annual COLA adjustments. DHHS legal counsel and program staff said they had updated the state plan and policy consistent with the chapter law and would consider working with legislators to streamline future updates.
Representative Gro moved to approve the rule and Representative Leon seconded; the committee approved rule 26-35 by voice vote.
