Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 103 - Resources
Chapter 4 - Countable Resources
Rule 23-103-4.3 - Joint Checking/Savings Accounts
Universal Citation: MS Code of Rules 23-103-4.3
Current through September 24, 2024
A. Except for account ownership, all instructions in the above rule also apply to joint bank accounts. The information in this section pertains only to ownership of joint bank accounts.
B. Ownership Assumptions for Joint Accounts.
1. Ownership
is assumed as follows when the individual has unrestricted access to the
account as follows:
a) Ownership When Medicaid
Client is Joint Owner with an Ineligible Individual(s):
1) Count the total value of the account when
the Medicaid applicant/recipient holds funds jointly with an ineligible
individual(s), regardless of the source of the funds.
b) Ownership When More Than One Medicaid
Client is an Account Holder:
1) Count an equal
share of the account if two or more Medicaid applicants/recipients are holders
of the same joint account, regardless of the source of the funds.
2) If the account is also jointly-held with
ineligible individuals, do not allow a share of the funds to ineligible
individuals.
c) Deemors.
1) If one or more account holders is a deemor
and none of the account holders is a client, all of the funds in the account
are assumed belong to the deemor or in equal shares if more than one
deemor.
2.
Rebuttal of Joint Checking/Savings Accounts.
a) An applicant or recipient may rebut
ownership of part or all of the funds in a jointly-held account and must
provide verification surrounding establishment of the account and ownership and
expenditure of funds to support this claim.
b) Any funds that the evidence establishes
were owned by the other account holder(s), and that the client can no longer
withdraw from the account, were not and are not the clients resources. Rebuttal
is both retrospective and prospective.
c) The funds can be deemed to be available to
the client if the account holder to whom the funds belong is a
deemor.
Social Security Act §1902 (r) (2); 42 CFR §435.601(b) (Rev 1994).
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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