Current through all regulations passed and filed through September 16, 2024
(A) This rule
describes the treatment of automobiles and other modes of transportation for
purposes of determining eligibility for medical assistance.
(B) Definition. "Automobile", for the purpose
of this rule, means any vehicle used for transportation. It can include, in
addition to cars and trucks: motorcycles, boats,
snowmobiles, animal-drawn vehicles, and animals.
(C) One automobile is excluded for the
individual,
regardless of value, if a member of the
individual's household uses the automobile for transportation.
(1) For
the purpose of determining the community
spouse resource allowance for couples when one spouse is institutionalized, one
automobile is considered totally excluded, regardless of its use and value in
accordance with rule 5160:1-6-04 of the Administrative
Code.
(2) If an automobile is not
excluded, count the equity value of the automobile as a resource.
(3) Any automobile an individual owns in
addition to the one wholly excluded and which cannot be excluded under another
rule (e.g., property essential for selfsupport) is a resource in the amount of
its equity value.
(4) If one of two
automobiles can be excluded because of one of the reasons
listed above, and the other is a countable resource, the exclusion applies to
the automobile with the greater equity value regardless of
which automobile is actually used.
(5) The equity value for all additional
automobiles, regardless of the type of vehicle , is counted as a
resource.
(6) The equity value for
all vehicles that are not used for transportation (e.g., pleasure boats,
snowmobiles, etc.) or excluded under another rule (e.g., necessary for
self-employment) is counted as a resource. These vehicles are considered
countable personal effects.
(D) For the purpose of determining whether a
vehicle is used for transportation, accept the individual's account of its use
. If a vehicle is
not being used for transportation, determine the
reason why.
(1) A temporarily broken-down vehicle
normally used for transportation still qualifies as an automobile. One that has
been junked or that is used only as a recreational vehicle (e.g., a boat used
weekends on the lake) does not qualify as an automobile.
(2) Vehicles that do not meet the definition
of an automobile are personal effects. The value they have as a resource is
their equity value, and the personal effects exclusion, described in rule
5160:1-3-05.10 of the
Administrative Code, does not apply to them.
(E) The fair market
value of an automobile is determined by the average trade-in value shown for
the vehicle in the most recently published "National Automobile Dealers
Association (NADA) Guide". The description of the car must be complete enough
to enable the administrative agency to locate it in
the appropriate NADA guide. The description is
to include the year, make,
model, number of doors, equipment, etc. Absent evidence to the contrary, assume
the vehicle to be in average condition.
(1) If
the NADA guide cannot be used (e.g., animal-drawn vehicle), obtain a
fair
market value estimate from a disinterested knowledgeable source.
(2) An individual who disagrees with the
value of the vehicle can rebut the value by obtaining a written appraisal of
the vehicle's fair market value from a disinterested
knowledgeable source, such as a used car or truck dealer or an automobile
insurance company. The administrative agency is not bound by this appraisal but
the appraisal is to be considered in the evaluation of the
vehicle.
(3) Always verify the
collector value of an antique or other collectible vehicle.
