Current through Register Vol. 56, No. 18, September 16, 2024
(a) When a
stepparent of eligible AFDC-C-related Medicaid program children is in fact a
member of the household and has married the natural or adoptive beneficiary
parent, the natural or adoptive parent who is applying for or receiving
AFDC-related Medicaid program shall be afforded the following elective options:
1. The stepparent may be included as a member
of the eligible unit, with all needs recognized and his or her income
considered in determining AFDC-related Medicaid eligibility.
2. The stepparent may not be included in the
eligible unit, in which case the income of the stepparent shall be treated in
accordance with (d) below.
(b) The options and all consequences thereof
shall be fully discussed with the applicant before the decision is made. The
decision as to whether the stepparent shall be included (assuming the
stepparent is so willing) or excluded shall be made by the natural or adoptive
parent.
(c) When the stepparent who
has married the AFDC-C-related Medicaid program beneficiary parent and is not
included in the eligible unit, the eligible unit shall consist of the natural
or adoptive parent and the eligible children.
1. The parent of the eligible children shall
sign the application for AFDC-related Medicaid and fulfill all obligations
contained therein.
2. The eligible
unit's financial eligibility shall be computed in accordance with
10:69-10.3(c).
The countable income of the stepparent to the eligible unit, as determined in
(d) below, shall be deducted as a countable income source.
(d) When a stepparent of eligible
AFDC-C-related Medicaid program children lives in the same home as the
children, has married the AFDC-C-related Medicaid program beneficiary parent,
and is not included as a member of the eligible family, his or her income shall
be considered available to the eligible family in accordance with the following
procedures:
1. Reduce the stepparent's gross
earned income (and net income from self-employment) by $ 90.00;
2. Add the result to the stepparent's
unearned income;
3. Further reduce
the remaining income by the appropriate amount in the standard of need
(10:69-10.2) for the stepparent
and any other individuals residing in the household who are or could be claimed
by the stepparent as dependents for Federal personal income tax liability and
who are not beneficiaries of AFDC-C or-F related Medicaid program;
4. The remaining income shall be further
reduced by amounts paid by the stepparent to individuals not living in the
household who are or could be claimed by him or her as dependents for purposes
of determining his or her Federal personal income tax liability;
5. Any income remaining shall be reduced by
any amounts paid by the stepparent as alimony or child support to individuals
not living in the household; and
6.
All income remaining shall be counted as unearned income available to the
eligible unit and shall be counted toward total income (10:69-10.3(a)
).
