Code of Maryland Regulations
Title 10 - MARYLAND DEPARTMENT OF HEALTH
Part 2
Subtitle 09 - MEDICAL CARE PROGRAMS
Chapter 10.09.41 - Employed Individuals with Disabilities
Section 10.09.41.04 - Financial Eligibility
Universal Citation: MD Code Reg 10.09.41.04
Current through Register Vol. 51, No. 19, September 20, 2024
A. Assistance Unit. An applicant's or recipient's assistance unit shall include the:
(1) Applicant or recipient; and
(2) Applicant's or recipient's spouse when
living in the same household, whether or not the spouse is eligible for the
same benefits under this chapter.
B. Consideration of Income.
(1) Except as provided in §B(2) or C of
this regulation, the Department shall determine, in accordance with the
policies and procedures for aged, blind, or disabled coverage groups specified
at COMAR 10.09.24, the countable net income of an EID applicant or participant
for purposes of determining the applicable premium amount under Regulation .07
of this chapter.
(2) To determine
the countable net income of an EID assistance unit, the Department shall
subtract from the assistance unit's total gross income:
(a) The general income exclusions and
disregards and the specific income exclusions and disregards for aged, blind,
or disabled coverage groups specified at COMAR 10.09.24; and
(b) An amount equal to the applicant's,
recipient's, or spouse's documented out-of-pocket cost of premium payments to
secure current employer-sponsored insurance coverage that includes coverage of
the applicant or recipient.
(3) As a condition of eligibility for Medical
Assistance benefits under this chapter, unless good cause for not doing so is
shown, applicants and recipients, shall take all necessary steps to obtain any
annuities, pensions, retirement, and disability benefits to which they are
entitled, including, but not limited to:
(a)
Veterans' compensation and pensions;
(b) Old Age and Survivors' Disability
Insurance (OASDI) benefits;
(c)
Railroad retirement benefits;
(d)
Unemployment compensation; or
(e)
Social Security Disability Income (SSDI).
(4) Income Standards. Effective January 1,
2024, no income standard applies to applicants or participant under this
chapter.
C. Consideration of Resources.
(1) Except as provided in this
section, whether an applicant meets the resource standards for eligibility for
the EID coverage group shall be determined according to the policies and
procedures for aged, blind, or disabled coverage groups specified in COMAR
10.09.24.
(2) To determine the
total countable resources of an applicant, the Department shall apply the
general resource exclusions and specific resource exclusions for aged, blind,
or disabled coverage groups specified in COMAR 10.09.24 to the total gross
resources of the applicant.
(3)
From the total countable resources of the applicant determined pursuant to
§C(1) and (2) of this regulation, the Department shall subtract the
aggregate current cash value of the applicant's or participant's ownership
interest in any of the following types of accounts:
(a) 401(k) retirement account;
(b) 403(b) retirement account;
(c) Pension plan;
(d) Keogh plan;
(e) Individual retirement account
(IRA);
(f) Independence Account;
or
(g) Other retirement accounts as
defined by the IRS.
(4)
For an applicant or participant to be eligible for Medical Assistance benefits
under this chapter, the countable resources attributed to the applicant's or
participant's assistance unit pursuant to §§C and D of this
regulation may not exceed $10,000 for an individual.
D. Independence Accounts.
(1) Account Provisions.
(a) Contributions to any of the participant's
registered Independence Accounts are subject to the rules described in this
section and to any policies of the respective financial institution governing
the account.
(b) All contributions
to the participant's Independence Account or accounts, including interest,
dividends, or other gains from the principal, shall be treated as an exempt
asset for the purpose of calculating eligibility for Medical Assistance and the
EID program.
(c) The purpose of an
Independence Account is to allow the participant to purchase any items or
services that may aid in the participant's pursuit of personal or financial
independence.
(d) The EID
participant shall be the sole owner of any account registered as an
Independence Account.
(e) The
Department shall assess the participant's Independence Account as a part of the
verification process at redetermination for Medical Assistance. The review
process shall include verifying all contributions to the participant's
Independence Account with the financial institution holding the participant's
account.
(f) The total amount a
participant deposits in all independence accounts during an annual
certification period may not exceed the participant's gross earned income for
that annual certification period.
(2) Independence Account Registration.
(a) A person shall complete an account
registration form to register an applicable account as an Independence Account
with the Department.
(b) A person
shall re-register the Independence Account with the Department if the financial
institution or other information for the Independence Account
changes.
(c) The applicant or
participant shall report any changes in personal or financial status that may
affect the applicant's or participant's eligibility for Medical Assistance as
described in COMAR 10.09.24.
(d)
For all registered Independence Accounts, the date of account creation may be
no earlier than the date an EID participant is determined eligible for Medical
Assistance under this section.
(e)
For all registered Independence Accounts, the funds in the Independence Account
shall be held separate from the participant's nonexempt assets.
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