Pickle Amendment Law and Legal Definition

The Pickle Amendment (Section 503 of P.L. 94-566), provides continued medical assistance to individuals who are terminated from financial assistance under the OAA, APTD, or ANB programs, due to excess income. Certain individuals continue to be eligible for Medicaid as long as their combined income and resources, disregarding all SSA increases since they lost SSI, does not exceed the current SSI standard.

In order to be eligible for medical assistance under the Pickle Amendment, the individual must meet all of the following criteria:

• be a recipient of either OAA, APTD, or ANB financial assistance;

• be residing in an independent living situation, residential care facility, community residence, enhanced family care facility, or other noninstitutional setting;

Exception: Recipients of all types of Home and Community-Based Care (HCBC) assistance, including HCBC-ECI/DD/ABD/IHS, are not entitled to Pickle status.

• be currently receiving Social Security benefits (SSA);

• been eligible for and receiving a financial assistance check at the same time as a Social Security check in any one month after April 1977;

• been terminated from financial assistance due to excess income;

• be eligible for medical assistance as categorically needy;

• meet all other eligibility requirements except income; and

• meet income limits with the COLA deduction.