New Mexico Administrative Code
Title 8 - SOCIAL SERVICES
Chapter 291 - MEDICAID ELIGIBILITY - AFFORDABLE CARE
Part 430 - FINANCIAL RESPONSIBILITY REQUIREMENTS
Section 8.291.430.14 - BASIS FOR DEFINING THE ASSISTANCE UNIT AND BUDGET GROUPS
Universal Citation: 8 NM Admin Code 8.291.430.14
Current through Register Vol. 35, No. 18, September 24, 2024
At the time of a MAP application, an applicant or recipient and ISD shall identify everyone who is to be considered for inclusion in an assistance unit and budget group. The composition of the assistance unit and budget group is based on the following factors:
A. Assistance group: the assistance unit includes an applicant or recipient who applies and who is determined to meet a MAP category of eligibility found in 8.291.430.10 NMAC.
B. Budget group: the budget group consists of the following types and will be established on an individual basis:
(1) tax filers and dependents: households
that submit a MAP application where an applicant or a recipient intends to file
for federal taxes or will be claimed as a dependent on federal income taxes for
the current year:
(a) the budget group will
consist of applicants or recipients who are listed on the MAP application as
the taxpayer and tax dependents;
(b) if there are multiple taxpayers listed on
a single MAP application, the budget group(s) will be established based on who
the taxpayer intends to claim as a dependent (including the taxpayer); only the
taxpayer and their child and tax dependent (dependent) listed on the MAP
application will be considered as part of the budget group;
(c) in the case of an applicant or recipient
married couple living together, each spouse will be included in the household
of the other spouse, regardless of whether they expect to file a joint tax
return, a separate tax return or whether one spouse expects to be claimed as a
tax dependent by the other spouse;
(d) exceptions to tax filer rules: the
following applicants or recipients will be treated as non-filers:
(i) an applicant or a recipient other than a
spouse or a biological, adopted, or step child who expect to be claimed as a
tax dependent by another taxpayer outside of the household;
(ii) an applicant or a recipient under 19 who
expect to be claimed by one parent as a tax dependent and are living with both
parents but whose parents do not expect to file a joint tax return;
and
(iii) an applicant or a
recipient under 19 who expect to be claimed as a tax dependent by a
non-custodial parent.
(2) individuals who neither file a tax return
nor are claimed as a tax dependent: in the case of applicants or recipients who
do not expect to file a federal tax return and do not expect to be claimed as a
tax dependent for the taxable year in which a MAP category of eligibility is
being made, or meet an exception to tax filer requirements in Paragraph (1) of
Subsection B of
8.291.430.14 NMAC, the budget group
consists of the applicant or recipient and, if living with the applicant or
recipient:
(a) the applicant's or recipient's
spouse;
(b) the applicant's and
recipient's natural, adopted and step children under the age of 19;
and
(c) in the case of applicants
or recipients under the age of 19, the applicant's or recipient's natural,
adopted and step parents and natural, adoptive and step siblings under the age
of 19.
(3) households
may submit a MAP application that includes both filer and non-filers as defined
in Subsections A and B of
8.291.430.14 NMAC; the budget
group(s) will be organized using the filer and non-filer concepts, and
eligibility will be established on an individual basis.
Disclaimer: These regulations may not be the most recent version. New Mexico may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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