Indiana Family and Social Services Administration v. Lance Patterson
Indiana Family and Social Services Administration v. Lance Patterson
Opinion of the Court
[1] This case requires us to once again delve into what we have previously referred to as the "unfortunately convoluted and complex" and "Byzantine" Medicaid system. Legacy Healthcare, Inc. v. Barnes & Thornburg ,
[2] At issue here is how to determine the portion of nursing home costs required to be paid by Lance Patterson ("Patterson"), a Medicaid recipient whose limited income is subject to a garnishment order due to a *101rather substantial child support arrearage. The Indiana Family and Social Services Administration ("the FSSA") determined that the garnished portion of Patterson's income should be included when determining Patterson's portion of the cost of his care. Patterson challenged this decision by filing a claim for judicial review in Henry Circuit Court. The trial court entered judgment in favor of Patterson, determining that the garnished portion of Patterson's income should be excluded when determining Patterson's share of nursing home costs because Patterson did not actually receive this income. The FSSA appeals the trial court's decision, arguing that the trial court erred in granting Patterson's petition because the FSSA's decision was consistent with federal and state law and was neither arbitrary nor capricious. Because we agree with the FSSA, we reverse.
The Medicaid System
A. Medicaid Overview
[3] Before we address the specific facts of this case, we first present a relatively brief explanation of the Medicaid system. Title XIX of the Social Security Act, referred to as "Medicaid," was enacted by the United States Congress in 1965. Legacy Healthcare ,
[4] "The Medicaid statutes create a comprehensive cooperative federal-state program for medical care under which participating states are federally financed for their medical assistance programs if they submit a state plan which comports with federal requirements." Legacy Healthcare ,
[5] States that elect to participate in the Medicaid program and receive federal funds must make Medicaid available to all persons who are deemed "categorically needy." Lazzell v. Ind. Family & Soc. Servs. Admin. ,
*102[6] States may also opt to provide Medicaid available to the "optional categorically needy."
B. Medicaid Eligibility Determination
[7] States participating in Medicaid must establish reasonable standards for determining eligibility, including the reasonable evaluation of an applicant's income and resources. Brown ,
[8] The federal Department of Health and Human Services ("HHS") has promulgated regulations establishing financial eligibility requirements for Medicaid applicants and recipients. A state may opt to use a less restrictive income methodology, so long as its methods do not result in granting Medicaid benefits to those whose income, as calculated using SSI standards, exceeds the "special income level." See 42 U.S.C. § 1382a ; 42 U.S.C. § 1396a(r)(2) ;
[9] A disabled person who has been continuously institutionalized for at least thirty days is eligible for Medicaid under federal standards if his or her monthly income, as determined under 42 U.S.C. § 1382a, does not exceed 300 percent of the maximum SSI benefit. 42 U.S.C. §§ 1396a(a)(10)(A)(ii)(V),
[10] An individual's includible income includes gross earnings, net rental income, net self-employment income, and all gross unearned income except SSI benefits. 405 I.A.C. 2-1.1-5(g)(2). In determining Medicaid eligibility, the Act requires the State to "tak[e] into account only such income and *103resources as are, as determined in accordance with standards prescribed by the Secretary, available to the applicant or recipient[.]" 42 U.S.C. § 1396a(a)(17)(B) (emphasis added).
[11] Pursuant to 42 U.S.C. § 1382a(a), "income" includes "both earned income and unearned income[.]" "Earned income" includes wages, and "unearned income" including disability benefits.
Earned income may be in cash or in kind. We may include more of your earned income than you actually receive. We include more than you actually receive if amounts are withheld from earned income because of a garnishment or to pay a debt or other legal obligation, or to make any other payments....
[12] A similar provision applies to unearned income:
(b) Amount considered as income. We may include more or less of your unearned income than you actually receive.
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(2) We also include more than you actually receive if amounts are withheld from unearned income because of a garnishment, or to pay a debt or other legal obligation, or to make any other payment such as payment of your Medicare premiums.
[13] In the present case, neither party makes any argument regarding Patterson's Medicaid eligibility; they both agree that Patterson is eligible for Medicaid. The question is, even though Patterson is eligible for Medicaid, how much of his income must he still contribute to the cost of his care, and how is this amount to be determined.
C. Post-Eligibility Income Determination
[14] A disabled person who is in an institution and who qualifies for Medicaid must still contribute some of his or her income to the cost of his or her institutional care, and Medicaid pays for the remaining costs at the Medicaid reimbursement rate. Medicaid Program Payments to Institutions,
[15] Once the agency identifies the recipient's total income, it must then apply the deductions in paragraphs (c) and may apply the items listed in paragraph (d).
[16] In Indiana, 405 I.A.C. 2-1.1-7(a) addresses the portion of costs that a Medicaid recipient, such as Patterson, must pay toward the costs of his or her care. The FSSA first determines the "recipient's total income that is not excluded by federal statute." 405 I.A.C. 2-1.1-7(a)(2). It then makes five deductions: (1) a statutory-minimum personal-needs allowance; (2) an increased personal-needs allowance; (3) an amount for health insurance premiums; (4) certain medical expenses for necessary or remedial care; and (5) federal, state, and local income taxes. 405 I.A.C. 2-1.1-7(a)(3)-(7). "The resulting amount is the amount by which the Medicaid payment to the facility shall be reduced," and which must be covered by the Medicaid recipient. 405 I.A.C. 2-1.1-7(a). The parties refer to this as the recipient's "liability," i.e., the portion of the costs of care that must be borne by the recipient. It is this amount, and its calculation, that is at issue here.
Facts and Procedural History
[17] The historical facts underlying this case appear to be relatively undisputed. At the time of the trial court's decision, Patterson was sixty-two years old and a resident of Miller's Merry Manor nursing home ("Miller's") in Middletown, Indiana. Patterson resides in Miller's as a result of his chronic heart failure, diabetes, and various other medical issues.
[18] Patterson's only income comes from a Social Security Disability Insurance ("SSDI") benefit of $1,236 per month. Patterson is unmarried but has a thirty-two-year-old daughter from a prior marriage. Due to his failure to pay child support during his daughter's minority, Patterson accumulated a large child support arrearage of more than $56,000 in Minnesota.
[19] The FSSA determined that Patterson was eligible for Medicaid in October 2016; Patterson's income level of $1,236 was less than the "special income level" of $2,199, which represented three times the 2016 maximum payable Supplemental Security Income benefit of $733. The FSSA further determined that Patterson's liability for his nursing home care was $1,181. The FSSA determined Patterson's liability by subtracting from Patterson's total income a $52 personal-needs allowance and $2.60 for health care premiums. The FSSA did not take into consideration that only $502.60 each month was actually deposited in Patterson's bank account, as it considered the whole of Patterson's SSDI benefit as income, without deducting the $730.80 garnished from his check to pay toward the child support arrearage.
[20] On November 1, 2016, the FSSA notified Patterson by mail that, as of that date, he would be responsible for paying $1,181 per month to his nursing home. Patterson administratively appealed the FSSA's determination, arguing that the $730.80 garnished for his child support arrearage should not have been included in determining his Medicaid liability. On December 16, 2016, an Administrative Law Judge ("ALJ") held a hearing on the issue. At the time of this hearing, Patterson owed the nursing home $8,890. On January *10520, 2017, the ALJ affirmed the FSSA's initial determination. Patterson then appealed to the FSSA, which on March 2, 2017, issued a final agency action affirming the decision of the ALJ.
[21] Patterson then sought judicial review of the FSSA's decision, filing a complaint for judicial review on March 31, 2017.
Standard of Review
[22] The FSSA appeals from the trial court's grant of Patterson's complaint for judicial review of an agency decision. Pursuant to the Indiana Administrative Order and Procedures Act ("AOPA"), "[t]he burden of demonstrating the invalidity of agency action is on the party to the judicial review proceeding asserting invalidity."
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
(2) contrary to constitutional right, power, privilege, or immunity;
(3) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
[23] Both a trial court and an appellate court review the decision of an administrative agency with the same standard of review. Gray v. Med. Licensing Bd. of Ind. ,
[24] In contrast to our deference to an agency's factual findings, it has been held that a court may review an agency's conclusions of law de novo .
[25] Patterson argues that our usual deference to an agency's interpretation should not apply because the FSSA is interpreting a federal regulation. Patterson also notes that our supreme court has cited with approval the proposition that " '[c]ourts will give no special deference to interpretation by one agency of another agency's rules.' " LTV Steel Co. v. Griffin ,
[26] In contrast, the Medicaid program is, as discussed above, a cooperative federal-state program. And Indiana is required to comply with the federal statutes and regulations governing the program. Legacy Healthcare ,
Discussion and Decision
[27] As noted above, the parties do not dispute that Patterson is eligible for Medicaid; both agree that he is. Patterson also does not deny that, when determining eligibility for Medicaid, the FSSA is required to include all of his income, including the portion thereof subject to garnishment. Instead, Patterson notes that there are two, discrete income calculations at issue here. The first one is used in determining Medicaid eligibility; the second, post-eligibility determination is used in determining the Medicaid recipient's liability for a portion of his or her care.
[28] In this post-eligibility determination, the FSSA argues that Patterson's income is still calculated to include even that portion of his income that is subject to the garnishment order. Patterson claims that, even though the garnished portion of his income is included when determining his eligibility for Medicaid, it is to be excluded when determining his liability for his care. Thus, the question before us is how to calculate Patterson's income for the purposes of determining the portion of his health care expenses Patterson is required to pay himself.
[29] The applicable FSSA regulation, entitled "Post-eligibility treatment of income," provides in relevant part as follows:
This subsection applies to individuals in institutions.
(1) Except as provided in 405 IAC 2-3-17, the following procedure shall be used to determine the amount of income to be paid to an institution for an applicant or recipient who has been determined eligible under section 5(g) of this rule and who is residing in an institution as defined in 405 IAC 2-1-1(e).
(2) Determine the applicant's or recipient's total income that is not excluded by federal statute , which includes amounts deducted in the eligibility determination under section 5(g)(3) of this rule.[7 ]
*107(3) Subtract the minimum personal needs allowance specified in IC 12-15-7-2.
(4) Subtract an amount for increased personal needs as allowed under Indiana's approved Medicaid state plan. The increased personal needs allowance includes, but is not limited to, court ordered guardianship fees paid to an institutionalized applicant or recipient's legal guardian, not to exceed thirty-five dollars ($35) per month. Guardianship fees include all services and expenses required to perform the duties of a guardian, as well as any attorney's fees for which the guardian is liable.
(5) Subtract the amount of any health insurance premiums.
(6) Subtract an amount for expenses incurred for necessary or remedial care recognized by state law but not covered under the state plan, subject to any reasonable limits set forth in Indiana's approved Medicaid state plan.
(7) Subtract an amount for federal, state, and local taxes owed and paid by the applicant or recipient. This deduction is limited to one (1) calendar month per year.
The resulting amount is the amount by which the Medicaid payment to the facility shall be reduced.
405 I.A.C. § 2.1.1-7(a). Notably, there is no provision for the subtraction of wages that are subject to garnishment.
[30] The federal regulation regarding the post-eligibility determination of income is
(a) Basic rules.
(1) The agency must reduce its payment to an institution, for services provided to an individual specified in paragraph (b) of this section, by the amount that remains after deducting the amounts specified in paragraphs (c) and (d) of this section, from the individual's total income ,
(2) The individual's income must be determined in accordance with paragraph (e) of this section.
(3) Medical expenses must be determined in accordance with paragraph (f) of this section.
(b) Applicability. This section applies to the following individuals in medical institutions and intermediate care facilities.
(1) Individuals receiving cash assistance under SSI or AFDC who are eligible for Medicaid under § 435.110 or § 435.120.
(2) Individuals who would be eligible for AFDC, SSI, or an optional State supplement except for their institutional status and who are eligible for Medicaid under § 435.211.
(3) Aged, blind, and disabled individuals who are eligible for Medicaid, under § 435.231, under a higher income standard than the standard used in determining eligibility for SSI or optional State supplements.
(c) Required deductions. In reducing its payment to the institution, the agency must deduct the following amounts, in the following order, from the individual's total income, as determined under paragraph (e) of this section. Income that was disregarded in determining eligibility must be considered in this process.
*108(1) Personal needs allowance. A personal needs allowance that is reasonable in amount for clothing and other personal needs of the individual while in the institution. This protected personal needs allowance must be at least-
(i) $30 a month for an aged, blind, or disabled individual, including a child applying for Medicaid on the basis of blindness or disability;
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(iii) For other individuals, a reasonable amount set by the agency, based on a reasonable difference in their personal needs from those of the aged, blind, and disabled.
(2) Maintenance needs of spouse....
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(3) Maintenance needs of family....
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(4) Expenses not subject to third party payment. Amounts for incurred expenses for medical or remedial care that are not subject to payment by a third party, including-
(i) Medicare and other health insurance premiums, deductibles, or coinsurance charges; and
(ii) Necessary medical or remedial care recognized under State law but not covered under the State's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses.
(5) Continued SSI and SSP benefits. The full amount of SSI and SSP benefits that the individual continues to receive under sections 1611(e)(1)(E) and (G) of the Act.
(d) Optional deduction: Allowance for home maintenance....
* * *
(e) Determination of income-
(1) Option. In determining the amount of an individual's income to be used to reduce the agency's payment to the institution, the agency may use total income received , or it may project monthly income for a prospective period not to exceed 6 months.
(2) Basis for projection. The agency must base the projection on income received in the preceding period, not to exceed 6 months, and on income expected to be received.
(3) Adjustments. At the end of the prospective period specified in paragraph (e)(1) of this section, or when any significant change occurs, the agency must reconcile estimates with income received.
(f) Determination of medical expenses-
(1) Option. In determining the amount of medical expenses to be deducted from an individual's income, the agency may deduct incurred medical expenses, or it may project medical expenses for a prospective period not to exceed 6 months.
(2) Basis for projection. The agency must base the estimate on medical expenses incurred in the preceding period, not to exceed 6 months, and on medical expenses expected to be incurred.
(3) Adjustments. At the end of the prospective period specified in paragraph (f)(1) of this section, or when any significant change occurs, the agency must reconcile estimates with incurred medical expenses.
[31] The FSSA contends that the amount of the costs of medical care that Patterson is required to pay-his liability-is determined as set forth in subsection (a) of 42 C.F.R. section 435.725. That *109is, the FSSA must reduce its payment to the nursing home "by the amount that remains after deducting the amounts specified in paragraphs (c) and (d) of [section 435.725 ] from [Patterson]'s total income ."
[32] Patterson argues that that portion of his income that is subject to garnishment should not be counted toward his income because subsection (e) refers to "total income received ."
[33] We agree that the references to "total income" in subsection 435.725(a) and "total income received" in subsection 435.725(e) render this section ambiguous. That is, they are subject to two different, reasonable interpretations: one includes all income, the other only income that is "received." But this is all the more reason for us to defer to the FSSA's interpretation of this rule.
[34] More importantly, the HHS has indicated that it interprets the income calculation set forth in 42 C.F.R. section 435.725 to include the same income calculation that is used in determining Medicaid eligibility, which calculation includes income that is subject to garnishment. When issuing an amendment to 42 C.F.R. section 435, the HHS Secretary commented that, regarding the issue of interest and dividends, "[t]he post-eligibility process is based on a consideration of all income considered in the eligibility process." Medicaid Program Payments to Institutions,
[35] Thus, the HHS has determined that the post-eligibility income calculation for determining a recipient's liability includes "all income" considered in the initial eligibility determination.
[36] Moreover, the FSSA's interpretation is not unreasonable because it acknowledges that Patterson still receives the benefit of the money that is garnished. By having the garnishment applied to his outstanding child support arrearage, Patterson has received a benefit from the garnishment-his debt is reduced. In fact, if we were to agree with Patterson, the *110result would be that Medicaid would be effectively subsidizing his child support arrearage. This can hardly have been the intent of the Medicaid program. See Peura ex rel. Herman v. Mala ,
[37] In short, the FSSA's interpretation of the applicable statutes and regulations is reasonable. Because the FSSA's interpretation of the regulations is reasonable, "we must stop our analysis and need not move forward with any other proposed interpretation." Jay Classroom Teachers Ass'n,
[38] We find support for our conclusion in Ussery v. Kansas Department of Social & Rehabilitation Services. ,
[39] A similar conclusion was reached in Tarin v. Commissioner of the Division of Medical Assistance ,
Three United States Circuit Courts of Appeals that have considered the matter all have upheld the disallowance of deductions for court-ordered child support payments for a Medicaid income availability determination. See Himes v. Shalala , [999 F.2d 684 , 690-691 (2d Cir. 1993) ] (inclusion of child support payments in "available" income is "reasonable attempt to interpret and apply all sections of the statute"; Secretary's interpretation "is not at odds with the plain meaning of the statute, is reasonable, and should therefore be accorded *111the usual deference"); Peura v. Mala ,977 F.2d 484 , 491 (9th Cir. 1992) ("high degree of deference" is owed to Secretary's determination); Emerson v. Steffen , [959 F.2d 119 , 123 (8th Cir. 1992) ] ("[a]lthough not directly defining the term 'available,' the regulations make it plain that ... states do not have to exclude [child support] payments from income when determining Medicaid eligibility ....").
Tarin ,
[40] Patterson relies heavily on Mulder v. South Dakota Department of Social Services. ,
[41] Patterson makes a sound policy argument that the FSSA's decision leaves him in the lurch. That is, even though he qualifies for Medicaid, the FSSA's inclusion of the garnished portion of his income in determining his liability means that he is stuck owing the nursing home more money than he has access to. This means that either the nursing home must continue to care for him at a loss, or he must come up with another source of income, which is unlikely. Hopefully, Patterson can find care at a less expensive facility, or at least one that is willing to accept that portion of his care that Medicaid is willing to pay for.
[42] Despite the merits of Patterson's argument, it is not the role of this court to determine Medicaid policy. That role belongs to the FSSA and the HHS. The only question before us is whether the FSSA's interpretation of the relevant state and federal regulations is reasonable, and we cannot say that the FSSA's interpretation is unreasonable.
Conclusion
[43] Because the FSSA is responsible for implementing the cooperative state-federal Medicaid system in Indiana, we give its interpretation of these statutes and regulations great weight. And since the FSSA's interpretation is reasonable, our analysis stops there. The trial court's analysis *112should have stopped there too. We therefore reverse the judgment of the trial court.
[44] Reversed.
Bailey, J., concurs with opinion.
Bradford, J., concurs.
A citation as complex as section "1396a(a)(10)(A)(i)(II)(aa)" calls to mind Judge Friendly's comment that "a draftsman who has gotten himself into a position requiring anything like this should make a fresh start." Friedman ,
States are permitted, but not required to offer Medicaid to those deemed "medically needy," which is defined as "individuals whose income or resources were too great to qualify for categorically needy assistance but were unable to pay for necessary medical expenses." Lazzell ,
20 C.F.R. Part 416, Subpart K encompasses
A state agency may also deduct an amount for maintenance of the recipient's home, so long as there is a reasonable likelihood that the person will return home within six months.
This amount represents the arrearage as of December 2016, when the trial court issued its order. The arrearage had been as high as $94,000 in 2011.
Patterson's complaint included counts for declaratory and injunctive relief under 42 U.S.C. section 1983. The parties later agreed to dismiss the section 1983 claims.
405 I.A.C. section 2-1.1-5(g)(3) provides that "[a]ny income from another financially responsible relative described under 405 IAC 2-3-4 will not be included when determining whether an individual falls below the special income level." There is no indication that Patterson has "another financially responsible relative."
In fact, 42 C.F.R. section 435.725(c) provides that, in the post-eligibility income determination, "[i]ncome that was disregarded in determining eligibility must be considered in this [post-eligibility] process." Accordingly, the post-eligibility determination is, if anything, more inclusive of income than the eligibility determination.
Patterson argues that the cases cited by the Tarin court, and by the FSSA in the present case, dealt with determining income for the purposes of Medicaid eligibility only, not for post-eligibility patient liability purposes. The Tarin court rejected a similar argument, stating:
We recognize that in both Himes and Emerson the courts were reviewing the Secretary's determination of a recipient's "available" income for the purpose of establishing only eligibility for Medicaid, and not benefit levels, the issue in this case. However, in Peura , the plaintiff, like Tarin, challenged a State's determination of required payments for nursing home costs. In upholding the Secretary's determination, the United States Court of Appeals for the Ninth Circuit concluded that it was "of little import" that the Secretary's determination regarding Peura's child support obligations came "in the context of a post-eligibility determination." Peura , supra at 487 n.4. See Ussery v. Kansas Dep't of Social & Rehabilitation Servs .,258 Kan. 187 ,899 P.2d 461 (1995), upholding the inclusion of court-ordered spousal support payments in a Medicaid recipient's "available" income in establishing benefit levels.
Concurring Opinion
[45] I agree that the trial court erred, although I do so reluctantly. "Medicaid is a cooperative State and Federal program designed to provide health care to needy individuals ." Mulder v. South Dakota Dept. of Social Serv. ,
[46] Unearned income, such as Patterson's disability payments, may include garnished sums.
[47] True, Patterson did not pay his child support in full. He should have done so if able, given his chronic health conditions. Yet Medicaid is not restricted to those who have acted only legally and wisely. It is plain to me that unwise choices may lead to or contribute to impoverishment (for example, substance abuse, incarceration, or leaving employment). But ultimately, Medicaid applicants are not categorically excluded for past lifestyle choices. Nor are they uniformly penalized for having dependents. Indeed, familial obligations are taken into account in similar contexts.
[48] I do not condone a voluntary decision not to pay child support. Yet I find it ironic that, were Patterson imprisoned for felony non-support, he would be provided with the care he desperately needs. In the convergence of circumstances present here - total disability requiring institutionalization, impoverishment, and a state-enforced action for child support arrearage - there is no optimal outcome with equity for all concerned. I understand the trial court's attempt to exercise compassion. However, because the trial court found invalidity of agency action where there was none, I concur in the reversal.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.