New Jersey Administrative Code
Title 10 - HUMAN SERVICES
Chapter 71 - MEDICAID ONLY
Subchapter 4 - RESOURCES
Section 10:71-4.4 - Excludable resources
Universal Citation: NJ Admin Code 10:71-4.4
Current through Register Vol. 56, No. 18, September 16, 2024
(a) A resource which is classified as excludable shall not be considered either in the deeming of resources or in the determination of eligibility for participation in the Medicaid Only Program.
(b) The following resources shall be classified as excludable:
1. A house occupied by the individual as his
or her place of principal residence, and the land appertaining thereto, shall
be excluded:
i. Short temporary absences from
home such as trips, visits, and hospitalizations do not affect this exclusion
so long as the individual intends, and may reasonably be expected, to return
home. An absence of more than six months is assumed to indicate that the home
no longer serves as a principal residence. However, if the home is used by a
spouse or there is evidence that the absence from the house is temporary, the
home may continue to be excluded. With that exception, the CWA shall extend the
period only with approval from the Division of Medical Assistance and Health
Services.
2. In the
determination of resources of an individual (and spouse, if any), an automobile
shall be excluded or counted as follows:
i.
One automobile is totally excluded regardless of value if it is used for
transportation for the individual or a member of the individual's
household.
ii. Any other
automobiles shall be considered to be non-liquid resources. Equity in all such
automobiles is counted as a resource.
(1) The
equity value of an automobile is the value of the vehicle as indicated by the
"Average Wholesale Value" in the most recent April or October edition of the
Red Book; Official Used Car Valuations minus any encumbrances.
3. Personal effects and
household goods, to the extent that the total equity value of such resources
does not exceed $ 2,000:
i. The amount by
which the equity value of such resources exceeds $ 2,000 shall be countable
toward the appropriate resource maximum.
ii. In determining the value of household
goods and personal effects of an individual (and spouse), there shall be
excluded a wedding ring and an engagement ring.
iii. Prosthetic devices, dialysis machines,
hospital beds, wheel chairs, and similar equipment shall not be considered in
the evaluation of personal effects, unless such items are used extensively and
primarily by other members of the household, as well as by the person whose
physical condition requires them.
4. The cash surrender value of all life
insurance policies owned and in the control of the individual, if the total
face value of such policies does not exceed $ 1,500 (see also (b)9 below):
i. If the total face value of such policies
exceeds $ 1,500, the total cash surrender value of all policies shall be
included as a resource, countable toward the appropriate resource
maximum.
5. Nonhome
property that is used in a business or nonbusiness self-support activity that
is essential to the means of self-support of an individual and/or spouse, is
excluded from resources.
i. Tools, equipment
or other items that are used for trade or business and required for employment,
including, but not limited to, the machinery and livestock of a farmer, are
assumed to be of a reasonable value and producing a reasonable rate of return
and are, therefore, excluded from resources.
6. The value of resources which are not
accessible to an individual through no fault of his or her own.
i. Such resources include, but are not
limited to, irrevocable trust funds, property in probate, and real property
which cannot be sold because of the refusal of a co-owner to
liquidate.
ii. Inaccessible
resources shall be reevaluated (regarding their accessibility) at every
redetermination.
7. In
the case of a blind or otherwise disabled person, resources which have been
accumulated in connection with a plan to achieve self-support.
To qualify for this exclusion, an individual's plan to achieve self-support shall have been approved by the Division of Vocational Rehabilitation Services or the Commission for the Blind and Visually Impaired, and must be current as of the date of the exemption.
8. The replacement value of excludable
resources shall be considered as follows:
i.
For insurance proceeds, the amount received from an insurance company for the
purpose of replacing or repairing an originally excludable resource, if repair
or replacement of such resource occurs within nine months.
(1) The initial nine month period shall be
extended for a reasonable period up to an additional nine months when it is
determined that the individual had good cause for not replacing or repairing
the resource. An individual will be found to have good cause when circumstances
beyond his or her control prevented the repair or replacement or the
contracting for the repair or replacement.
ii. The proceeds from the sale of a home
which is excluded from the individual's resources will also be excluded from
resources to the extent that they are intended to be used and are, in fact,
used to purchase another home, which is similarly excluded, within three months
of the date of the proceeds. If the proceeds are not used in the above manner
they shall be counted toward the resource maximum.
9. Burial spaces intended for the use of the
individual, his or her spouse, or any other member of his or her immediate
family and funds which are set aside for the burial expenses of the individual
or spouse, subject to the limits specified below.
i. The following definitions apply in regard
to burial spaces or funds:
(1) Burial spaces
are conventional grave sites, crypts, mausoleums, urns, or other repositories
which are customarily and traditionally used for the remains of deceased
persons.
(2) Funds set aside for
burial include revocable burial contracts, burial trusts, and any separately
identifiable assets which are clearly designated as set aside for the expenses
connected with an individual's burial, cremation or other funeral
arrangements.
(3) Funds in an
irrevocable trust or other irrevocable arrangement which are available for
burial are funds held in an irrevocable burial contract and irrevocable burial
trust, or an amount in an irrevocable trust which is specifically identified
for burial expenses.
(4) Immediate
family includes an individual's minor and adult children, stepchildren and
adopted children, brothers, sisters, parents, adopted parents and spouses of
those persons. Dependency and living-in-the-same household are not factors.
Immediate family does not include the members of an ineligible spouse's family
unless they meet this definition.
ii. The exclusion from resources of funds set
aside for burial applies only when counting any portion of the funds toward the
resource limit would cause ineligibility due to excess resources.
(1) If the individual or couple would
otherwise be ineligible and could be eligible with the application of this
exclusion and the individual or couple alleges that funds are set aside for the
burial of the eligible individual or his or her spouse, an affidavit indicating
such must be obtained.
(A) The amount of
funds that may be excluded shall be determined and may not exceed the maximum
limit of $ 1,500 each for the individual and his or her spouse. The maximum
limit for each individual is reduced by an amount equal to the amount of funds
held in an irrevocable burial trust, an irrevocable burial contract, or other
irrevocable arrangement which is available to meet that individual's burial
expenses. Each individual's maximum limit is further reduced by the face value
of any insurance policy on that individual's life owned by him or her or his or
her spouse if the cash surrender value of the policy was excluded in
determining the resources of the individual.
(B) In order for burial funds to be excluded,
the funds must be separately identifiable (that is, not comingled with other
funds or assets which are not set aside for burial). Additionally, the funds
must be already designated as set aside for burial. If the funds are not so
designated, the funds may be excluded if the individual attests in writing,
that he or she intends to use the funds for his or her burial and agrees to
submit within 30 days, documentary evidence that the funds have been designated
as set aside for burial.
(C) Any
increase in the value of excluded burial funds due to interest on such funds
which were left to accumulate or appreciation of such funds after establishment
of Medicaid eligibility shall be excluded.
10. No portion of a cash reward
provided to any individual by the Division for providing information about
fraud and/or abuse in any program administered in whole or in part by the
Division shall be included in the computation of income for financial
eligibility purposes;
i. In order for the cash
reward to continue to be excluded, the funds shall be separately identifiable
(that is, not commingled with other funds or assets), but held in a separate
account. Any increase in the value of the excluded cash reward shall also be
excluded.
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