Current through Register Vol. 30, No. 38, September 20, 2024
A. Including countable resources. The
Department shall include the resources not excluded that belong to and are
available to members of the family of a qualified alien under A.R.S. §
36-2903.03
and the sponsor and sponsor's spouse of a person who is a qualified
alien.
B. Ownership and
availability. The Department shall evaluate the ownership of resources to
determine the availability of resources to a person listed in subsection (A).
1. Jointly owned resources with ownership
records containing the words "and" or "and/or" between the owners' names are
available to each owner except if one of the owners refuses to sell. A consent
to sale is not required if all owners are members of the MED family
unit.
2. Jointly owned resources
with ownership records containing the word "or" between the owners' names are
presumed to be available in full to each owner. The applicant or member may
rebut the presumption by providing clear and convincing evidence of intent to
establish a different type of ownership. If the presumption is rebutted, the
resource is available to the owners:
a.
Consistent with the intent of the owners, or
b. Based on each owner's proportionate net
contribution if there is not clear and convincing evidence of a different
allocation.
3. The
Department shall establish availability of a trust under
42 U.S.C.
1396 p(d)(4)(A) or (C).
C. Unavailability. The Department shall
consider the following resources unavailable:
1. Property subject to spendthrift
restriction, such as:
a. Accounts established
by the SSA, Veteran's Administration, or similar sources that mandate that the
funds in the account be used for the benefit of a person not residing with the
MED family unit; or
b. Trusts
established by a will or funded solely by the income and resources of someone
other than a member of the MED family unit.
2. A resource being disputed in a divorce
proceeding or probate matter;
3.
Real property located on a Native American reservation;
4. A resource held by a conservator to the
extent court-imposed restrictions make the resource unavailable to the
applicant, member, or member of the family unit for:
a. Medical care,
b. Food,
c. Clothing, or
d. Shelter.
D. Resource exclusion. The Department shall
exclude the following resources from the calculation of resources under
subsection (E):
1. One burial plot for each
person listed in R9-22-1436;
2.
Household furnishings and personal items that are necessary for day-to-day
living;
3. Up to $1500 of the value
of one prepaid funeral plan for each person listed in R9-22-1436 that
specifically covers only funeral-related expenses as evidenced by a written
contract;
4. The value of one motor
vehicle regularly used for transportation. If the MED family unit owns more
than one vehicle, the exclusion is applied to the vehicle with the highest
equity value;
5. The value of a
vehicle used to earn income and not used simply for transportation to and from
employment;
6. The value of a
vehicle in which a SSI-cash recipient has an ownership interest; and
7. The value of any vehicle used for medical
treatment, employment, or transportation of a SSI-cash disabled child, and that
is excluded by SSI for that reason.
8. Funds set aside in an Individual
Development Account under 6 A.A.C. 12, Article 4; and
9. Any other resource specifically excluded
by federal law.
E.
Calculation of resources. The Department shall determine the value of all
household resources as follows:
1. Calculate
the total amount of countable liquid resources;
2. Calculate the equity value of each
countable non-liquid resource. The Department shall determine the equity value
of a countable non-liquid resource by subtracting the amount of valid
encumbrances on that resource from:
a. The
market value of real property if there is no assessor's evaluation of the
property,
b. The market value of
real property if the assessor's value of the real property does not include the
value of permanent structures on that property,
c. The assessor's full cash value if
subsections (E)(2)(a) and (E)(2)(b) do not apply, and
d. The market value of a non-liquid resource
that is not real property;
3. Not assign an equity value to a resource
that is less than zero; and
4.
Determine the MED family unit's resources by adding the totals determined in
subsections (1) and (2).
F. Resource standard to be eligible for MED.
A person is not eligible for MED if the resources determined in subsection (E)
exceed $100,000 or if more than $5,000 are liquid resources.
