The purpose of this memo is to inform AIDS Drug Assistance Program (ADAP) and Pre-Exposure Prophylaxis Assistance Program (PrEP-AP) Enrollment Workers (EW) about policy updates allowing for the exclusion of a spouse or registered domestic partner (RDP) from the family size and exclusion of that spouse or RDP’s income for the purpose of determining household income.
Background
Current ADAP and PrEP-AP policy requires income documentation from all family members when calculating household income.
Family members include the:
• Client,
• Client’s spouse/RDP, and
• Tax dependents of the client, spouse, or RDP.
Note: Dependents that live outside of the United States do not need to be included.
Household income includes the:
• Client’s Modified Adjusted Gross Income (MAGI)
• MAGI of the client’s spouse/RDP
• MAGI of all other individuals for whom the client or their spouse/RDP are allowed a federal income tax deduction for the taxable year.
Program Update
Effective immediately, ADAP and PrEP-AP applicants may submit an Exclusion From Family Size and Household Income Attestation to exclude their spouse/RDP for the purpose of determining family size and household income due to a pending divorce, pending legal separation, domestic abuse, or spousal abandonment.
In addition, applicants who have filed for legal separation or divorce must provide a copy of the file-stamped Petition for Dissolution (Divorce)/Legal Separation/Nullity (FL-100).
Applicants who are survivors of domestic abuse or spousal abandonment must be living apart from their spouse/RDP and must file taxes as “married filing separately.” The exclusion for survivors of domestic abuse or spousal abandonment may only be used for 3 consecutive years. Taxes filed by the client must reflect that the client filed “married filing separately” for taxes filed on or after the date the exclusion is first requested.
If you have any questions regarding the information provided in this memo, please contact your
OA Advisor.
Thank you,
Joseph Lagrama
ADAP Branch Chief
California Department of Public Health