Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Evaluation of income.
The facility financial staff shall evaluate only income
received by or on behalf of an applicant or resident when determining the
maintenance charge payable by or on behalf of an applicant or resident. All
payments, unless specifically excluded in subpart
3, must be counted as income.
All income must be counted in the calendar month received, except for lump sum
retroactive benefit payments calculated according to part
9050.0550, subpart 4. Income
becomes property if retained after the month in which it is received, unless
this part specifically states otherwise.
Subp. 2.
Availability of income.
Income must be attributed to the person who earns it or to
the beneficiary of the income according to items A and B.
A. Funds distributed from a trust, whether
from the principal holding or sale of trust property or from the interest and
other earnings of the trust holdings, must be considered income when the income
is legally available to or on behalf of an applicant or resident. Trusts are
presumed legally available unless an applicant or resident can document by
court order that the trust is not legally available. Trusts established other
than by will by the person or the person's spouse under which the person may be
the beneficiary of all or part of the payments from the trust and the
distribution of the payments are determined by one or more trustees who may
exercise discretion about the distribution to the person must be considered an
available resource. This item applies regardless of whether the trust is
irrevocable or is established for purposes other than to enable a person to
qualify for admission to a facility operated by the commissioner of veterans
affairs or whether the discretion of the trustees is exercised. A trust fund
established by the applicant or resident on behalf of another person within 12
months before admission or during the resident's stay in a facility operated by
the commissioner of veterans affairs must be considered transferred property
under part
9050.0650.
B. Income from jointly owned property must be
divided equally among the property owners unless the terms of ownership provide
for a different distribution of equity.
Subp. 3.
Excluded income.
The facility financial staff shall exclude the following from
calculation of the applicant's or resident's gross income:
A. earnings derived from participation in a
work therapy program while the person is a participant in the program;
and
B. 50 percent of income
received by or paid to an applicant or resident and spouse, jointly.
Statutory Authority: MS s
198.003
