Mississippi Administrative Code
Title 23 - Division of Medicaid
Part 104 - Income
Chapter 7 - Sources and Treatment of Unearned Income
Rule 23-104-7.21 - Treatment of Institutional Cases involving UME or A & A
Universal Citation: MS Code of Rules 23-104-7.21
Current through September 24, 2024
A. If the institutional client (IS) with a community spouse (CS) receives non-countable income from UME or A&A, the CS will be allowed to receive the IS' payment attributable to UME or A&A in addition to the CS allocation amount computed in the Medicaid Income computation.
1. If the CS is not entitled to
Medicaid, the extra income will have no impact.
2. However, if the CS is Medicaid-eligible at
home, the income that represents the UME (or A&A) payable to the IS is
income to the CS.
a) UME (and A&A) is
disregarded as income only to the one entitled to the payment.
b) When it becomes income available to the
CS, it is income to the CS.
1) If the income
is given to anyone else, the possibility of a transfer of resources
exists.
B. If the CS does not receive the income attributed to UME (or A&A), the possibility of excess resources building up for the IS exists. In this case, resources must be monitored closely.
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).
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