Current through Register Vol. 49, No. 6, March 15, 2024
PURPOSE: This amendment clarifies the Household
Composition Standard for Family MO HealthNet programs and the Children's Health
Insurance Program (CHIP) for those under nineteen (19). The federal rules on
this have been in effect prior to 2014.
(1) A household shall include the taxpayer,
or in the case of a joint return, taxpayers, and all tax dependents.
(A) In the case of a married couple living
together, each spouse shall be included in the household of the other spouse
regardless of whether they expect to file jointly or whether one (1) spouse is
expected to be declared as a tax dependent of the other spouse.
(B) In determining the household size of a
pregnant woman, the division shall count the pregnant woman plus the number of
unborn children she is expecting to deliver. In determining the household size
of other individuals who have a pregnant woman in the household the pregnant
woman is considered as one (1) person.
(C) If a taxpayer cannot reasonably establish
that another individual is a tax dependent for the tax year for which
eligibility is sought, the inclusion of such individual in the household shall
be determined in accordance with section (3) of this rule.
(D) In the case of a participant taxpayer
under age nineteen (19), who resides with his or her parents, the household
shall be determined in accordance with section (3) of this rule.
(2) In the case of a participant
who expects to be claimed as a tax dependent by another taxpayer for the
taxable year in which an initial determination or renewal of eligibility is
being made, the participant's household is the household of the taxpayer
claiming such individual as a tax dependent with the following exceptions:
(A) Family members and unrelated individuals
claimed as a tax dependent by a taxpayer other than a parent or
spouse;
(B) Children claimed as a
tax dependent by the non-custodial parent; or
(C) Children who expect to be claimed by one
(1) parent as a tax dependent and are living with both parents but whose
parents do not expect to file a joint tax return.
(3) For participants who do not expect to
file a tax return, who do not intend to be claimed as a tax dependent, or tax
dependents that fall into an exception under subsections (2)(A), (2)(B), or
(2)(C) of this rule, the household shall consist of-
(A) The participant;
(B) The spouse of the participant if living
with the participant;
(C) Children
of the participant if living with the participant; and
(D) For participants who are children-
1. The participant's parents who live with
the participant;
2. Any siblings,
who are also dependent children, who live with the participant.
(4) This rule shall be
effective for all eligibility decisions made on January 1, 2014, and any date
after.
*Original authority: 207.020, RSMo 1945, amended 1961,
1965, 1977, 1981, 1982, 1986, 1993 and 208.991, RSMo
2013.
