Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 3 - Non-Countable Resources
Rule 23-103-3.8 - Interests of Individual Indians in Trust or Restricted Lands
Universal Citation: MS Code of Rules 23-103-3.8
Current through September 24, 2024
A. Certain types of Indian-specific property are excluded from being considered as resources in determining Medicaid eligibility for an individual who is an Indian. These excluded resources include the following:
1. Property Connected
to the Political Relationship between Indian Tribes and the Federal Government;
a) This exclusion includes any Indian trust
or restricted land, or any other property under the supervision of the
Secretary of the Interior located on a reservation, including any
federally-recognized Indian Tribe's reservation, pueblo or colony, and
including Indian allotments on or near a reservation as designated and approved
by the Bureau of Indian Affairs of the Department of the Interior;
and
b) Individual Indian Monies
(IIM) accounts, which are under the supervision of the Secretary of the
Interior, and considered to be inaccessible; and
c) Property located within the most recent
boundaries of a prior Federal reservation including former reservations in
Oklahoma and Alaska Native regions established by the Alaska Native Claims
Settlement Act;
d) Ownership
interest in rents, leases, royalties or usage rights related to natural
resources (including extraction of natural resources or harvesting of timber,
other plants and plant products, animals, fish, and shellfish) resulting from
the exercise of federally-protected rights Monies received from the lease or
sale of these natural resources remain excluded while in an IIM
account.
2. Property
with Unique Indian Significance, such as:
a)
Ownership interest in or usage rights to items not covered under the above
provisions that have unique religious, spiritual, traditional, or cultural
significance or rights that support subsistence or traditional lifestyle
according to Tribal law or custom.
b) While the above identified assets are
excluded in determining eligibility, if the assets are converted to a
non-excluded asset, they become countable.
1)
For instance money in an IIM account is excluded; however, once the money is
removed from the IIM account it becomes a countable asset.
2) Money received by Indians from the lease
or sale of natural resources, and rent or lease income, resulting from the
exercise of federally-protected rights on excluded Indian property, is
considered an asset conversion. Therefore, this money is not considered income,
but is an excluded resource in the month the money is received (This is true
even if the money is taken out of the IIM account in the same month it was
deposited into the account). If some or all of the money is retained at the end
of the month in which received, it is either counted or excluded based on the
type of resource in which the money is retained after month of
receipt.
3) Distributions of per
capita judgment funds or property earnings held in trust for a Tribe by the
Secretary of the Interior.
a) However, this
does not include local Tribal funds that a Tribe distributes to individuals on
a per capita basis, but which have not been held in trust by the Secretary of
the Interior (e.g., tribally managed gaming revenues, which are countable
income).
P.L. 111-5 American Recovery and Reinvestment Act of 2009 § 5006.
Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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