Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 2 - What is Income
Rule 23-104-2.8 - Income Derived from Joint Bank Accounts
Universal Citation: MS Code of Rules 23-104-2.8
Current through September 24, 2024
A. The following explains how to charge income in situations involving joint bank accounts held by Medicaid applicants/recipients with other individuals:
1. Eligible with Ineligible. When an
applicant/recipient and an ineligible individual hold a joint bank account, the
full amount of any deposit, regardless of the source of the deposit, is income
to the applicant/recipient unless:
a) The
ineligible individual is a deemor (parent or spouse) for income and/or resource
purposes. In which case the deposits are income to the person actually
receiving them, but the ineligible's income or resources will be deemed to the
eligible.
b) The ineligible is a
legal guardian, or conservator of the eligible, and legal documents allow
deposits to be treated otherwise.
c) The deposit can be excluded under some
other provision.
d) Spousal
impoverishment rules apply.
2. Eligible with Other Eligibles. When
Medicaid-eligibles are joint account holders, a deposit by one
Medicaid-eligible is not income to the other eligible person. Deposits are
counted as income to the eligible person actually receiving the benefit or
entitled to the payment. Interest payments are allocated equally among the
joint holders.
B. Rebuttal Situations.
1. If an eligible
individual or deemor has successfully rebutted ownership of a portion of the
funds in a joint bank account, deposits made by the other account holders will
not be counted as income and interest will be charged in proportion to the
amount funds in the account which are owned by the eligible individual or
deemor.
2. If an eligible
individual or deemor has successfully rebutted ownership of all of the funds
held in a joint bank account, no deposits by other account holders or interest
credited to the account are counted as income to the eligible individual or
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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