Current through Register Vol. 35, No. 18, September 24, 2024
All individuals listed on the MAP application are evaluated
according to their living arrangement to determine if they can be included in
an assistance group or budget group.
A. Extended living in the home: An individual
physically absent from the home is a member of the assistance unit or budget
group. Extended living in the home includes:
(1) attending college or boarding
school;
(2) receiving treatment in
a title XIX MAD enrolled facility (including institutionalized when meeting a
nursing facility (NF) level of care (LOC) and intermediate care facilities for
the mentally retarded (ICF-MRs);
(3) emergency absences: an applicant or
recipient absent from the home due to an emergency, who is expected to return
to the household, continues to be a member of the household;
(4) foster care placements: a minor applicant
or minor recipient removed from the home by a child protective services agency
(tribal, bureau of Indian affairs, or children, youth and families department)
will be considered to be living in the home until the adjudicatory hearing; if
the adjudicatory hearing results in custody being granted to some other entity,
the minor applicant or minor recipient will be removed from the assistance unit
and budget group;
(5) inmate of a
public institution:
(a) see
8.200.410.15 NMAC for the
definition of a public institution and an inmate of a public
institution;
(b) an inmate of a
public institution is included in the household with other mandatory household
members if they are expected to file a tax return or be claimed as a tax
dependent; see
8.291.430.14 NMAC;
(c) an inmate of a public institution is not
included in the household if they neither file a tax return nor is claimed as a
tax dependent which requires that mandatory household members be living
together; see
8.291.430.14 NMAC.
B. Extended living in
the home also includes:
(1) residential
treatment centers;
(2) group homes;
and
(3) free-standing psychiatric
hospitals.
C. Living in
the home with a parent caretaker: To be included in the assistance unit, a
minor applicant or minor recipient must be living, or considered to be living,
in the home of:
(1) a biological or adoptive
or step parent (there is a presumption that a child born to a married woman is
the child of the husband); or
(2) a
specified relative who:
(a) is related within
the fifth degree of relationship by blood, marriage or adoption, as determined
by New Mexico statute Chapter 45 - Uniform Probate Code; a relationship based
upon marriage, such as "in-law" or "step" relationships, continues to exist
following the dissolution of the marriage by divorce or death; and
(b) assumes responsibility for the day-to-day
care and control of the minor applicant or minor recipient; the determination
of whether an individual functions as the specified relative shall be made by
the specified relative unless other information known to the worker clearly
indicates otherwise;
(3)
a minor applicant or minor recipient considered to be living in the home: a
minor applicant or minor recipient is considered to be part of the assistance
unit and budget group as evidenced by the minor applicant's or minor
recipient's customary physical presence in the home; if they are living in more
than one household, the following applies:
(a)
the custodial parent is the parent with whom the minor applicant or minor
recipient lives the greater number of nights; or
(b) if the minor applicant or minor recipient
spends equal amounts of time with each household, the minor applicant or minor
recipient shall be considered to be living in the household of the parent with
the higher modified adjusted gross income (MAGI).
D. For individuals for whom the
state must complete a determination of income either based on MAGI or for
MAGI-excepted groups:
(1) MAD recognizes
same-sex couples as spouses, if they are legally married under the laws of the
state, territory, or foreign jurisdiction in which the marriage was celebrated;
and
(2) for an applicant or
recipient whose MAP category of eligibility is based on the eligibility for any
other HCA benefit program and for which income is not used in the eligibility
determination, the applicant's or recipient's marital status will not be used
in making the eligibility determination; the applicant's or recipient's MAP
category of eligibility will continue to be based on the determination of
eligibility of the other HCA applicable benefits.