Rhode Island Code of Regulations
Title 210 - Executive Office of Health and Human Services
Chapter 40 - Medicaid for Elders and Adults with Disabilities
Subchapter 05 - Community Medicaid
Part 1 - Medicaid for Elders and Adults with Disabilities: Community Medicaid
Section 210-RICR-40-05-1.12 - Financial Eligibility Determination
Universal Citation: 210 RI Code of Rules 40 05 1.12
Current through March 25, 2025
1.12.1 Scope and Purpose
A. To determine a person's
eligibility using the SSI methodology, a comparison is made between the
countable income and resources of the applicant's FRU and the income limits
applicable to the Medicaid eligibility IHCC group. Once these groups have been
established, financial eligibility is determined in accordance with the
provisions for the SSI treatment of income and resources set forth in
Subchapter 00 Part 3 of this Chapter, and/or the special eligibility
requirements in §
1.8 of this Part. This
Section focuses on the financial eligibility determination process for the
Community Medicaid pathways in which the State is responsible for initial and
continuing eligibility.
1.12.2 The Medicaid Eligibility Group
A. The Medicaid eligibility group
for Community Medicaid when determined by the State is as follows:
1. Single Adults - A single adult requesting
Community Medicaid, including Medicaid LTSS, is treated as an "individual" -
that is - Medicaid eligibility group of one (1).
2. Groups for Adults with Spouses - When two
(2) spouses are living together, both the person requesting Medicaid and the
applicant's spouse are considered members of the applicant's Medicaid
eligibility group - a "couple" or group of two (2) - unless one (1) of the
exceptions specified below applies. This is true whether or not the spouse is
also requesting Medicaid.
a. Living together.
A couple is considered living together in any of the following circumstances:
(1) Until the first (1st) day of the month
following the calendar month of death or marriage separation, that is, when one
(1) spouse dies or the couple separates;
(2) When the number of days one (1) spouse is
expected to receive LTSS in an institution or home and community- based setting
is fewer than thirty (30) days; and
(3) When the resources of the couple are
reassessed and allocated at the point in which the need for continuous LTSS is
determined and an application for Medicaid coverage of LTSS is made as
indicated in Part 50-00-6 of this Title.
b. Exceptions. Adult applicants with spouses
are treated as an "individual" for eligibility purposes in the following
circumstances:
(1) When one (1) spouse in a
couple is receiving long-term care and applying for Medicaid LTSS, the
applicant for Community Medicaid is treated as an "individual" - group of one
(1) - for the determination of initial and ongoing income eligibility and
resource reviews. The couple, whether or not still married, is treated as no
longer living together as of the first (1st) day of the calendar month that the
spouse receiving LTSS became eligible for Medicaid. This remains true even if
the other spouse receiving Community Medicaid begins receiving Medicaid LTSS in
a subsequent month.
(2) When both
spouses receive Community Medicaid and are residing in a residential care
setting serving four (4) persons or more, each spouse is treated as an
individual without regard to whether they live together. This applies to
Community Medicaid beneficiaries who do not qualify for LTSS while residing in
licensed assisted living residences, behavioral health community residences,
adult supportive care homes, and supportive living arrangements for adults with
developmental disabilities.
c. Dependent child in the household. The
Medicaid eligibility group increases in size for any dependent child under age
nineteen (19) who is not receiving SSI.
3. Child (Applicable for MN Eligibility Only)
- The Medicaid eligibility group for a dependent child up to age nineteen (19)
applying for MN coverage using the SSI methodology is a group of one (1). Once
reaching age nineteen (19), the Rules related to a single adult
apply.
4. Parent-Child - When a
parent and dependent child living together are both seeking Medicaid in IHCC
groups in which the SSI methodology applies, they are treated as two (2)
Medicaid groups of one (1), if the parent is not living with a spouse. If the
parent is living with a spouse, the parents are treated as a Medicaid group of
two (2) and the child as a Medicaid group of one (1). When a parent/caretaker
is seeking MN eligibility, any MAGI-eligible members of the household are
excluded from the eligibility group.
1.12.3 Formation of the FRU
A. The financial responsibility unit (FRU)
consists of the persons whose income and resources are considered available to
the applicant or beneficiary in the eligibility determination. The FRU is
relevant for deeming purposes for non-LTSS Medicaid and in determining
eligibility for certain IHCC Community Medicaid coverage groups. The following
subsections set forth the Rules for determining membership in the FRU and the
portion of income considered available to the person seeking Medicaid:
1. FRU Composition for Citizens - The FRU for
citizens and sponsored non-citizens differs due to deeming requirements. For
citizens, the FRU consists of the person seeking Medicaid and, as appropriate,
a spouse, parent, and/or dependent child. Other members of the household are
not included in the FRU even if they make financial contributions.
a. FRU Single Adults. The FRU for an adult
requesting SSI-related Medicaid, including Medicaid LTSS, is the same as the
adult's Medicaid eligibility group.
b. FRU Child. The financial responsibility
group for a dependent child includes the child and any parents living with the
child, until the child reaches the age of nineteen (19) or twenty-one (21) if
the child has a disabling impairment. A child's income is never deemed to a
parent. If the child is under age nineteen (19) and seeking Medicaid LTSS
through the Katie Beckett eligibility pathway under Part 50-10-3 of this Title,
the income and resources of the child's parents are deemed unavailable and the
FRU is composed of the child only.
c. FRU Couples. Except in instances in which
a member of a couple is a Medicaid LTSS applicant or beneficiary, spouses are
considered financially responsible for one another during the financial
eligibility determination process. The FRU includes the applicant and spouse,
even when the spouse is not applying for Medicaid (NAPP spouse). The child's
income is never deemed to a parent or a sibling.
2. FRU for Sponsored Non-citizens - The FRU
for a non-citizen admitted to the United States on or after August 22, 1996,
based on a sponsorship under the Immigration and Nationality Act (INA), 8
C.F.R. Part 204 (2023), includes the income and resources of the sponsor and
the sponsor's spouse, if the spouse is living with the sponsor, when all four
(4) of the following conditions are met:
a.
The sponsor has signed an affidavit of support on a form developed by the
United States Attorney General as required by the Personal Responsibility and
Work Opportunity Reconciliation Act (PRWORA) of 1996,
Pub. Law
No. 104-193, to conform to the requirements of 8
C.F.R. § 213A (2023);
b. The
non-citizen is lawfully admitted for permanent residence, and a five (5) year
period of ineligibility for Medicaid following entry to the United States has
ended;
c. The non-citizen is not
battered; and
d. The non-citizen is
not indigent, defined as unable to obtain food and shelter without assistance,
because their sponsor is not providing adequate support.
e. The financial responsibility of a sponsor
continues until the noncitizen is naturalized or credited with forty (40)
qualifying quarters of coverage by the SSA.
1.12.4 General Rules for Counting Income - Community Medicaid
A.
For Community Medicaid, the determination of income eligibility using the SSI
methodology follows a set sequence of calculations related to the application
of exclusions and disregards as set forth in Subchapter 00 Part 3 of this
Chapter. Unearned income exclusions and disregards are applied first.
1. Order of Unearned Income Exclusions and
Disregards - Unearned income is countable as income in the earliest month it is
received by the person; credited to a person's account; or set aside for the
person's use. The order for applying exclusions and disregards is as follows:
a. Federal law. Exclusions mandated in
Federal law or Regulations as set forth in Subchapter 00 Part 3 of this Chapter
are applied first unless indicated otherwise.
b. Medicaid. The following types of unearned
income are excluded or disregarded in the order indicated:
(1) Any refund of taxes;
(2) Assistance based on need which is
provided under a program which uses income as a factor of eligibility and is
wholly funded by the State or a local government. General Public Assistance
(GPA) and the optional State Supplemental Payment (SSP) for SSI beneficiaries
and SSI-lookalikes are examples of excluded payments in this
category.
(3) Grants, scholarships,
fellowships, or gifts used for paying educational expenses are excluded or
countable depending upon their use:
(AA) Any
portion of a grant, scholarship, fellowship, or gift used for paying tuition,
fees, or other necessary educational expenses at any educational institution,
including vocational or technical education institutions, is excluded from
income.
(BB) Any portion of such
educational assistance that is not used to pay current tuition, fees or other
necessary educational expenses but is set aside to be used for paying this type
of educational expense at a future date is excluded from income in the month of
receipt. If these funds are not spent after nine (9) months, they become a
countable resource the first (1st) day of the tenth (10th) month following
receipt.
(CC) Any portion of a
grant, scholarship, fellowship, or gift that is not used or set aside for
paying tuition, fees, or other necessary educational expenses is income in the
month received and a resource the month after the month of receipt if
retained.
(4) Food which
a person or their spouse raises if it is consumed by the household;
(5) Assistance received under the FEMA
Disaster Assistance Reform Act of 2015, H.R. 1471, and assistance provided
under any Federal statute because of a presidentially declared
disaster;
(6) The first sixty
dollars ($60.00) of infrequent or irregular unearned income received in a
calendar quarter;
(7) Alaska
longevity bonus payments;
(8)
Foster care payments that are not funded through Title IV-E of the Social
Security Act, 42 U.S.C.
§§
670 -
679c;
(9) Any interest earned on excluded burial
funds and any appreciation in the value of an excluded burial arrangement which
are left to accumulate and become a part of that burial fund;
(10) Support and maintenance assistance based
on need:
(AA) Provided in-kind by a private
nonprofit agency; or
(BB) Provided
in cash or in-kind by a supplier of home heating oil or gas, or by a private or
municipal utility company.
(11) One-third (1/3) of child support
payments made by a non-custodial absent parent, unless exempt in accordance
with Subchapter 00 Part 3 of this Chapter;
(12) Twenty dollar ($20.00) general income
disregard. The disregard does not apply to program payments when income is used
as an eligibility factor and the payment is wholly or partially funded by the
Federal government or by a non-governmental agency such as Catholic Charities
or the Salvation Army.
(13)
Unearned income used to fulfill an approved plan to achieve self-support
(PASS);
(14) Federal housing
assistance provided by:
(AA) An office or
program of the U.S. Department of Housing and Urban Development (HUD);
or
(BB) The U.S. Department of
Agriculture's Rural Housing Service (RHS), formally known as the Farmers Home
Administration (FHA);
(15) Any interest on excluded burial space
purchase agreement if left to accumulate as part of the value of the
agreement;
(16) The value of any
commercial transportation ticket which is received as a gift and is not
converted to cash;
(17) Payments
from a State compensation fund for victims of crime;
(18) Relocation assistance provided under
Title II of the Uniform Relocation Assistance and Real Property Acquisition
Policies Act of 1970,
Pub. Law
No. 91-646, provided to individuals displaced by
any Federal or Federally-assisted project or State or local government or
through a State-assisted or locally-assisted project involving the acquisition
of real property;
(19) Combat fire
pay received from the uniformed services;
(20) Interest on a dedicated account in a
financial institution, the sole purpose of which is to receive and maintain
past-due SSI benefits which are required or allowed to be paid into such an
account, and the use of which is restricted by
42 U.S.C. §
1383(a)(2)(F);
(21) Gifts to children with life-threatening
conditions from an organization described in §
501(c)(3) of the Internal
Revenue Code of 1986,
Pub. Law
No. 99-514, within the following limitations:
(AA) In-kind gifts are not converted to
cash;
(BB) No more than the first
two thousand dollars ($2,000.00) of any cash gifts within a calendar year may
be excluded;
(CC) Interest and
dividend income from a countable resource or from a resource excluded under a
Federal statute other than 42 U.S.C. §
1382b(a);
(DD) An annuity paid by a State, to a person
and/or the person's spouse, on the basis of the State's determination that the
person is a veteran and is blind, sixty-five (65) or older and/or living with a
disabling impairment.
2. Order of Earned Income Exclusions - In
general, earned income disregards and exclusions are applied in the following
order:
a. Federal law. Exclusions mandated in
Federal law or Regulations as set forth in Subchapter 00 Part 3 of this Chapter
are applied first, unless indicated otherwise.
b. SSI Methodology. The following types of
earned income are excluded or disregarded in order:
(1) Earned income tax credit payments and
child care tax credit payments;
(2)
The first (1st) thirty dollars ($30.00) of infrequent or irregular earned
income received in a calendar quarter;
(3) Student earned income exclusion (SEIE) up
to the monthly limit, and not more than the yearly limit as indicated in
Subchapter 00 Part 3 of this Chapter;
(4) Any portion of the twenty dollars
($20.00) monthly general income disregard which has not been excluded from
unearned income in that same month;
(5) The first (1st) sixty-five dollars
($65.00) of earned income in a month;
(6) Earned income of a person with
disabilities used to pay impairment-related work expenses (IRWEs), as described
in 20 C.F.R. §
404.1576 (2023);
(7) One half (1/2) of remaining earned income
in a month;
(8) Work expenses of a
person who is blind; and
(9) Earned
income used to fulfill an approved Plan to Achieve Self-Support
(PASS).
3.
Unused exclusions and disregards - When calculating countable income, the
limitations below apply:
a. Exclusions never
reduce earned or unearned income below zero (0).
b. Unused portions of a monthly disregard or
exclusion cannot be carried over for use in subsequent months.
c. Unused earned income disregards and
exclusions are never applied to unearned income.
d. Other than the twenty dollars ($20.00)
general income disregard, no unused unearned income exclusion may be applied to
earned income.
e. The twenty
dollars ($20.00) general and sixty-five dollars ($65.00) earned income
exclusions are applied only once to a couple, even when both members have
income, since the couple's earned income is combined in determining Medicaid
eligibility.
1.12.5 Income Deeming
A. To deem income is to attribute one (1)
person's countable income in the calculation of another person's countable
income. Income deeming requirements are based on the FRU rather than the
Medicaid eligibility group rule. A person may be included in the Medicaid
eligibility group without being included in the FRU (e.g., the sibling of a
child seeking MN eligibility) and having their income deemed to an applicant or
non-applicant in the household. The general rules for determining countable
income related to the application of earned and unearned income exclusions
identified above in § 1.12.4 of this Part are applied. In addition:
1. The person seeking initial or continuing
Medicaid eligibility is referred to as the "applicant;" members of the
household who are not covered by or applying for Medicaid are referred to in
this Subsection as "non-applicants" or NAPPs.
2. Whose income is deemed to an applicant is
determined separately for each member of the FRU.
3. Income based on need, in which income is a
factor in determining eligibility, provided by any local, State or Federal
agency and any income which was taken into account in determining eligibility
and which affected the amount of such assistance or payment is excluded in the
income deeming process, unless specifically indicated otherwise. Includes: SSI;
SSP; RI Works and GPA cash assistance; Veteran's Administration (VA) pensions;
or in-kind support and maintenance.
B. Spouse-to-Spouse - Except as indicated in
the situations noted below, the income of a NAPP spouse is deemed to an
applicant if the spouses live together. If an applicant is not divorced but is
legally separated from their spouse, and continues to live in the same
household, the NAPP spouse's income is deemed. In the following situations,
spouse-to-spouse income deeming does not apply:
1. The spouses do not live
together.
2. The applicant is
seeking coverage under the Sherlock Plan as a working adult with a disability
in accordance with Subchapter 15 Part 1 of this Chapter.
a. Deeming. The amount of income that is
deemed to the applicant spouse is calculated by subtracting from the NAPP
spouse's gross income:
(1) An amount equal to
the deeming standard for each dependent child in the household. The "deeming
standard" is the difference between the Federal Benefit Rate (FBR) for a couple
and the limit for a single person, as defined in Subchapter 00 Part 3 of this
Chapter, less any countable income from the child. The difference between the
two (2) is the living allowance for the NAPP child, as indicated
herein.
(2) Any portion of the NAPP
spouse's income paid in court- ordered child support for a child living in
another household.
(3) Exclusions
and disregards that apply when calculating countable income for the applicant
spouse.
(4) If the NAPP spouse's
remaining income after exclusions and disregards are applied is greater than
the deeming standard, then the couple's income is calculated according to the
general Rules for determining countable income using SSI methodology. That
income is then compared against the Medicaid eligibility group income limit for
the family size involved - i.e., household size.
b. Treatment of deemed income. The deemed
amount is counted as unearned income in determining the applicant's income
eligibility for Medicaid.
C. Parent-to-Child - Except in the situations
noted below for MN eligibility, the income of a biological or adoptive parent
is deemed to a child who is under age eighteen (18) and living with a parent as
long as the child has not been legally emancipated. When the father is not
married to the child's mother, the father's income is only deemed to the child
if they reside together and paternity has been established.
1. In the following situations, the income of
a parent is NOT deemed to a child:
a. The
child is not eligible for SSI, but is participating in a foster care or
adoption subsidy program administered by the State.
b. The child is seeking LTSS through the
Katie Beckett eligibility option in accordance with Part 50-10-3 of this
Title.
2. Deeming Rules:
The amount of income deemed from parent to child requires a multi-step
calculation of income that must be followed in the sequence below:
a. The earned and unearned income of the
parents of the applicant child is calculated allowing the standard exclusions
EXCEPT for the standard twenty dollar ($20.00) and sixty-five dollar ($65.00)
plus one half (1/2) disregards.
b.
The living allowance allocated to NAPP children is determined by multiplying
their number by the deeming standard. Any children receiving SSI or RI Works
cash assistance are not included in this calculation. The income of each NAPP
child is deducted from this sum, if any.
c. The total of the unearned income of the
parents is calculated and then any remaining allowance for NAPP children in the
household not met by their own income is subtracted.
d. The earned income of the parents is
totaled and any remaining living allowance for NAPP children is subtracted. If
there is no remainder, there is no income to deem. If there is income
remaining, deeming is applicable.
e. Deemed income from parent to child is then
calculated by: deducting the twenty dollar ($20.00) income disregard from any
remaining parental unearned income; subtracting sixty-five dollars ($65.00),
plus any of the remainder of the twenty dollar ($20.00) disregard and one half
(1/2) of the still remaining parental earned income. The remaining unearned and
earned income is added and, from this total, so too is the individual FBR (for
a one (1) parent household) or the couple FBR (for a two (2) parent
household).
f. The remaining income
is deemed to be unearned income to the child. Note: If more than one (1) child
is applying, deemed income is divided equally.
D. Other Household Members - When determining
a person's initial or continuing eligibility, income is NOT deemed from a:
1. Child to a parent;
2. Sibling to another sibling, or other
children under twenty-one (21) living in the household;
3. Stepparent to a stepchild;
4. Grandparent to a grandchild; or
5. Relative caretaker to a child.
E. Sponsor Deeming - Sponsor
deeming rules apply to non-citizens who are sponsored by one (1) or more
individuals under a signed Affidavit of Support (USCIS I-864), unless one (1)
of the following exceptions applies:
1.
Exceptions to Sponsor Deeming. Sponsor deeming does not apply to sponsored
non-citizens when:
a. The non-citizen is under
age twenty-one (21).
b. The
non-citizen is pregnant. This exception ends when the sponsored pregnant
person's twelve (12) month postpartum period ends. Sponsor deeming applies the
month following the end of the postpartum period.
c. The non-citizen has sponsorship deferred
by USCIS when their immigration status is changed to "Battered
Non-citizen."
d. If the non-citizen
needs placement in a facility and placement is jeopardized by the sponsor's
failure or inability to provide support, or inability of the non-citizen to
locate the sponsor.
2.
General rules of sponsor deeming. Income of a sponsor and the sponsor's spouse
is deemed to each non-citizen covered by the affidavit regardless of whether
the sponsor actually contributes to the non-citizen's support and maintenance
needs. Income is deemed even if the sponsor or the sponsor's spouse is
receiving public assistance in Rhode Island or another State. The following
types of income of the sponsoring individual/couple are deemed:
a. Gross income, including any cash
assistance received by the sponsor or the sponsor's spouse;
b. Net self-employment income, minus
self-employment expenses;
c. If the
sponsor is a member of the FRU, the sponsor's income is already deemed to the
sponsored non-citizen spouse and family members in accordance with income
deeming rules contained in § 1.12.5(E) of this Part.
3. If the sponsor is not a member of the FRU
or is a member of the Medicaid eligibility group whose income is not deemed
under income deeming rules in § 1.12.5(E) of this Part, the following
apply:
a. The total gross income of the
sponsor and the sponsor's spouse is deemed to each sponsored
non-citizen.
b. The sponsor or the
sponsor's spouse's income are considered available and are not
excluded.
1.12.6 General Rules for Counting Resources - Community Medicaid
A. The
State uses a more simplified process for counting resources for Community
Medicaid, as explained in Subchapter 00 Part 3 of this Chapter, which permits
attestations about the value of certain resources during the application
process when determining financial eligibility. For Medicaid LTSS eligibility,
full verification of resources and a transfer of asset review are required for
IHCC group members prior to the determination of eligibility and authorization
of services. There is no review of the transfer of assets for Community
Medicaid.
1. Process - The process rules
identified in Subchapter 00 Part 3 of this Chapter are used in evaluating
resources to determine which are included in the calculation.
2. Application of Exclusions - Both federally
mandated and program specific exclusions are applied for resources of a
Community Medicaid applicant or beneficiary, the following items are excluded
in the following order in the amounts indicated:
a. The home and adjoining land;
b. Household goods and personal
effects;
c. One (1) automobile and
the equity value of a second (2nd) vehicle above four thousand five hundred
dollars ($4,500.00);
d. Property of
a trade or business which is essential to the means of self-support;
e. Non-business property which is essential
to the means of self-support;
f.
Resources of person who is blind or living with a disabling impairment which
are necessary to fulfill an approved PASS;
g. Stock in regional or village corporations
held by natives of Alaska during the twenty (20) year period in which the stock
is inalienable pursuant to the Alaska Native Claims Settlement Act,
43 U.S.C. §§
1601 -
1629h,
h. Whole life insurance owned by a person
and/or spouse but only when the combined face value of all policies per person
is at or below one thousand five hundred dollars ($1,500.00) for EAD or four
thousand dollars ($4,000.00) for medically needy;
i. Restricted allotted Indian
lands;
j. Payments or benefits
provided under a Federal statute other than Title XVI (OASDI, including RSDI
and SSD) of the Social Security Act,
42 U.S.C. §§
1381 -
1385, where an exclusion is
required by such statute as indicated in Subchapter 00 Part 3 of this
Chapter;
k. Disaster relief
assistance;
l. Burial expense funds
and set asides to the extent allowed up to one thousand five hundred dollars
($1,500.00) for EAD and four thousand dollars ($4,000.00) for persons who are
MN;
m. Title XVI (OASDI) of the
Social Security Act, 42
U.S.C. §§
1381 -
1385, or Title II (SSI) of the
Social Security Act, 42
U.S.C. §§
401 -
434, retroactive
payments;
n. Housing
assistance;
o. Refunds of Federal
income taxes and advances made by an employer relating to an earned income tax
credit;
p. Payments received as
compensation for expenses incurred or losses suffered as a result of a
crime;
q. Relocation assistance
from the State or a local government;
r. Dedicated financial institution
accounts;
s. Gifts to children
under age eighteen (18) with life-threatening conditions;
t. Restitution of SSI, Title VIII of the
Social Security Act, 42
U.S.C. §§
1001 -
1013, or RSDI benefits because of
misuse by certain representative payees;
u. Any portion of a grant, scholarship,
fellowship, or gift used or set aside for paying tuition, fees, or other
necessary educational expenses;
v.
Payment of a refundable child tax credit, as provided; and
w. Any annuity paid by a State to a person
(or their spouse) based on the State's determination that the person is a
veteran (as defined in 38
U.S.C. §
101) and blind, living with a
disabling impairment, or aged.
1.12.7 Resource Deeming
A. To deem resources is to count one (1)
person's resources in the calculation of another person's countable resources.
As with income deeming, resource deeming requirements apply to members of the
FRU, which is not always the same as the Medicaid eligibility group. Only the
resources of the applicant's spouse or the parent(s) of a child are considered
for the purposes of deeming resources. The deeming process proceeds as follows:
1. Spouse-to-Spouse - In deeming resources
from one (1) spouse to the other, only the resources of the couple are
considered.
a. Living together. When an
applicant and NAPP spouse live together, all resources are combined and the
couple is permitted resources up to the amount allowed for the Medicaid
eligibility group of two (2). The couple's resource limitation is not affected
by whether the spouse of the applicant is applying for or receiving Medicaid or
is a non-applicant.
b. Living
apart. When an applicant and spouse are no longer living together, each person
is considered as an individual living alone beginning the month after
separation and the individual resource limit applies. For the month of
separation, the spouses are treated as a couple, as long as they were living
together at some point during the month.
2. Single individual - When an applicant is
not living in a home with a spouse or parent(s), only the resources of the
applicant are considered. The resource limits for an "individual" or Medicaid
eligibility group of one (1) apply.
3. Parent-to-child - In deeming resources
from a parent to a child, the resources of a child consist of whatever
resources the child has in their own right plus whatever resources are deemed
to the child from their parent(s).
a. In
determining the amount of resources to be deemed to an applicant child, the
resources of the child and of the parents are computed separately and both the
child and the parents are each allowed all of the resource exclusions they
would normally be eligible to receive in their own right. Only one (1) home and
one (1) vehicle are completely excluded, however. The equity value of a second
(2nd) vehicle is counted in accordance with Subchapter 00 Part 3 of this
Chapter.
b. It does not matter
whether a parent(s) is or is not eligible for Medicaid.
c. After the exclusions are applied, only the
countable resources over the resource exclusion of the parent(s) living in the
home are deemed to the child when there is only one (1) child.
d. When there is more than one (1)
applicant/eligible child, the resources available for deeming are shared
equally among the eligible children.
e. None of the parents' resources are deemed
to any other non-applicant/ineligible children.
f. A child is not eligible for Medicaid as MN
if their own countable resources plus the value of the parents' resources
deemed to the child exceed the resource limit for an individual - Medicaid
Eligibility group of one (1) - of four thousand dollars ($4,000.00).
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