reglab/statecodes huggingface dataset:
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.04 - IDAHO FOOD STAMP PROGRAM › Section 16.03.04.883 - QUALITY CONTROL AND FOOD STAMP ELIGIBILITY

Current through August 31, 2023
State Quality Control (SQC) is the Department's case review
				system. SQC determines rates of correct Food Stamp issuances and Department and
				recipient caused errors. Quality control reviews open Food Stamp cases, denials
				and closures. The quality control review period extends from October 1st to
				September 30th of the next year. Households selected for quality control review
				by State Quality Control (SQC) and Federal Quality Control (FQC) must cooperate
				with both reviews. (3-17-22)
01.
Refusal to Cooperate with SQC or FQC
. If a household refuses to
			 cooperate in a SQC or FQC review, it is not eligible. (3-17-22)
a. The Department must send the household
			 advance notice to end Food Stamps. The notice must list the reason for the
			 proposed action, the right to a hearing, the right to schedule a conference or
			 to continue the SQC or FQC review. (3-17-22)
b. The Department will close the Food Stamp
			 case. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.000 - LEGAL AUTHORITY

Current through August 31, 2023
The Idaho Department of Health and Welfare, according to
				Section 56-202, Idaho Code, adopts these
				rules for the administration of public assistance programs. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.001 - TITLE AND SCOPE

Current through August 31, 2023
01.
Title
. These rules are titled IDAPA 16.03.05, "Eligibility for Aid
			 to the Aged, Blind, and Disabled (AABD)." (3-17-22)
02.
Scope
. These rules provide
			 standards for issuing AABD cash benefits and related Medicaid benefits.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.002 - INCORPORATION BY REFERENCE

Current through August 31, 2023
The Department is adopting by reference the "Medicare
				Modernization Act - Prescription Drug Program Guidance to States for the Low
				Income Subsidy (LIS)," dated May 25, 2005. The guidelines may be viewed at the
				main office of the Department of Health and Welfare. It is also available
				online at
https://www.cms.gov/Medicare/Eligibility-and-Enrollment/LowIncSubMedicarePresCov/Downloads/StateLISGuidance021009.pdf
.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.010 - DEFINITIONS

Current through August 31, 2023
For purposes of this chapter, the following terms apply.
				(3-17-22)
01.
AABD Cash
.
			 An EBT payment to a participant, a participant's guardian, or a holder of a
			 limited power of attorney for EBT payments. AABD Cash is a payment of a
			 supplemental cash amount to an individual who meets the program requirements.
			 This payment may be made through direct deposit or an electronic benefits card.
			 (3-17-22)
02.
Applicant
. A person applying for public assistance from the
			 Department, including individuals referred to the Department from a health
			 insurance exchange or marketplace. (3-17-22)
03.
Annuity
. A right to receive
			 periodic payments, either for life, a term of years, or other interval of time,
			 whether or not the initial payment or investment has been annuitized. It
			 includes contracts for single payments where the single payment represents an
			 initial payment or investment together with increases or deductions for
			 interest or fees rather than an actuarially-based payment from an insurance
			 pool. (3-17-22)
04.
Asset
. Includes all income and resources of the individual and the
			 individual's spouse, including any income or resources which the individual or
			 such individual's spouse is entitled to, but does not receive because of action
			 by: (3-17-22)
a. The individual or such
			 individual's spouse; (3-17-22)
b. A
			 person, including a court or administrative body, with legal authority to act
			 in place of or on behalf of the individual or such individual's spouse; or
			 (3-17-22)
c. A person, including
			 any court or administrative body, acting at the direction or upon the request
			 of the individual or such individual's spouse. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.020 - ABBREVIATIONS

Current through August 31, 2023
01.
AABD
. Aid to the Aged, Blind
			 and Disabled. (3-17-22)
02.
AB
. Aid to the Blind. (3-17-22)
03.
AFA
. Application for
			 Assistance. (3-17-22)
04.
APTD
. Aid to the Permanently and Totally Disabled.
			 (3-17-22)
05.
ASVI
.
			 Alien Status Verification Index. (3-17-22)
06.
COLA
. Cost of Living
			 Adjustment. (3-17-22)
07.
CSA
. Community Spouse Allowance. (3-17-22)
08.
CSNS
. Community Spouse Need
			 Standard. (3-17-22)
09.
CSRA
. Community Spouse Resource Allowance. (3-17-22)
10.
DHW
. Department of Health
			 and Welfare. (3-17-22)
11.
EBT
. Electronic Benefits Transfer. (3-17-22)
12.
EITC
. Earned Income Tax
			 Credit. (3-17-22)
13.
FMA
. Family Member Allowance. (3-17-22)
14.
FSI
. Federal Spousal
			 Impoverishment. (3-17-22)
15.
HCBS
. Home and Community Based Services. (3-17-22)
16.
HUD
. The U.S. Department of
			 Housing and Urban Development. (3-17-22)
17.
IEVS
. Income and Eligibility
			 Verification System. (3-17-22)
18.
INA
. Immigration and Nationality Act. (3-17-22)
19.
IRS
. The U.S. Internal
			 Revenue Service. (3-17-22)
20.
MA
. Medical Assistance. (3-17-22)
21.
OAA
. Old Age Assistance.
			 (3-17-22)
22.
PASS
.
			 Plan for Achieving Self-Support. (3-17-22)
23.
RSDI
. Retirement, Survivors,
			 and Disability Insurance. (3-17-22)
24.
SAVE
. Systematic Alien
			 Verification for Entitlements. (3-17-22)
25.
SSA
. Social Security
			 Administration. (3-17-22)
26.
SSI
. Supplemental Security Income. (3-17-22)
27.
SSN
. Social Security Number.
			 (3-17-22)
28.
TAFI
.
			 Temporary Assistance for Families in Idaho. (3-17-22)
29.
UIB
. Unemployment Insurance
			 Benefits. (3-17-22)
30.
VA
. Veterans Administration. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.049 - SIGNATURES

Current through August 31, 2023
An individual who is applying for benefits, receiving benefits,
				or providing additional information as required by this chapter, may do so with
				the depiction of the individual's name either handwritten, electronic, or
				recorded telephonically. Such signature serves as intention to execute or adopt
				the sound, symbol, or process for the purpose of signing the related record.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.050 - APPLICATION FOR ASSISTANCE

Current through August 31, 2023
01.
Application Submitted by Participant
. The participant must submit
			 an application form to the Department. An adult participant, a legal guardian
			 or a representative, must sign the application form. (3-17-22)
02.
Application Submitted Through
			 Social Security Administration (SSA) Low-Income Subsidy Data
			 Transmission
. For low-income subsidy applicants identified on the SSA
			 data transmission, the protected Medicare Savings Program application date is
			 the day they applied for the low-income subsidy (LIS). (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.051 - EFFECTIVE DATE

Current through August 31, 2023
The effective date for aid is the first day of the month of
				application. Medicaid eligibility begins as described in Subsections
				051.01 through
				051.04. (3-17-22)
01.
AABD Cash
. AABD cash aid is
			 effective on the application date. (3-17-22)
02.
Normal Medicaid Eligibility
.
			 Medicaid coverage begins on the first day of the application month.
			 (3-17-22)
03.
Retroactive
			 (Backdated) Medicaid Eligibility
. Medicaid benefits must be backdated to
			 the first day of the calendar month, for each of the three (3) months before
			 the month of application, if the participant was Medicaid eligible during that
			 month. If the participant is not eligible for Medicaid when he applies,
			 retroactive eligibility is evaluated. (3-17-22)
04.
Ineligible Non-Citizen
			 Medicaid
. Ineligible legal or illegal non-citizen coverage is restricted
			 to emergency services. Coverage begins when the emergency treatment is
			 required. Coverage ends with the last day emergency treatment is required.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.052 - PERSONAL INTERVIEW

Current through August 31, 2023
Each applicant for AABD must participate in a telephone
				interview unless good cause exists. Upon request, the Department may require a
				face-to-face interview. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.070 - TIME LIMITS

Current through August 31, 2023
The application must be processed within forty-five (45) days
				for an applicant sixty-five (65) years of age or older. The application must be
				processed within ninety (90) days for a disabled applicant. The time limit can
				be extended by events beyond the Department's control. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.071 - DEATH OF APPLICANT

Current through August 31, 2023
An application may be filed for a deceased person. The
				application must be filed within the backdated eligibility period. Medicaid can
				be approved, through the date of death, if an AABD applicant dies before
				eligibility is determined. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.072 - REQUIRED VERIFICATION

Current through August 31, 2023
Applicants must prove their eligibility for aid. The
				participant is allowed ten (10) calendar days to provide requested proof. The
				application is denied if the applicant does not provide proof in ten (10)
				calendar days of the written request and does not have good cause for not
				providing proof. The Department may also use electronic verification sources
				when they are available. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.090 - APPLICATIONS FOR MEDICAID

Current through August 31, 2023
The Department must examine the potential eligibility of the
				participant for all Medicaid coverage groups when a participant applies for
				Medicaid. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.091 - OUT OF STATE APPLICANTS

Current through August 31, 2023
A participant receiving AABD cash from another state must not
				receive AABD cash in Idaho until he is living in Idaho and the cash benefit has
				ended in the other state. A participant may receive Medicaid in Idaho before
				AABD cash or Medicaid stops in another state. AABD cash from another state is
				unearned income for Medicaid. Out-of-state medical coverage is a Medicaid third
				party resource. Idaho residents temporarily out of the state, and not receiving
				aid, may apply for aid in Idaho. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.092 - CONCURRENT BENEFIT PROHIBITION

Current through August 31, 2023
If a person is potentially eligible for AABD cash, TAFI, or
				foster care, only one (1) program may be chosen. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.100 - RESIDENCY

Current through August 31, 2023
The participant must be living in Idaho and have no immediate
				intention of leaving. For Medicaid, other persons are Idaho residents if they
				meet a criteria in Subsections
				100.01 through
				100.05 of this rule.
				(3-17-22)
01.
Foster
			 Child
. A participant living in Idaho and receiving child foster care
			 payments from another state. (3-17-22)
02.
Incapable Participant
. A
			 participant, who is incapable of indicating his state of residency after age
			 twenty-one (21), is considered a resident of Idaho when: (3-17-22)
a. His parent or guardian lives in Idaho; or
			 (3-17-22)
b. He resides in an Idaho
			 institution. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.101 - TEMPORARY ABSENCE

Current through August 31, 2023
A participant may be temporarily absent from his home and still
				receive AABD cash and Medicaid. A participant is temporarily absent if he
				intends to return home within one (1) month. Temporary absence may exceed one
				(1) month for a child attending school or vocational training or a participant
				in a medical institution, hospital, or nursing home. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.102 - U.S. CITIZENSHIP VERIFICATION REQUIREMENTS

Current through August 31, 2023
Any individual who participates in AABD cash, Health Care
				Assistance, or Medicaid benefits must provide proof of U.S. citizenship unless
				he has otherwise met the requirements under Subsection
				104.06 of these rules.
				(3-17-22)
01.
Citizenship
			 Verified
. Citizenship must be verified by electronic means when
			 available. If an electronic verification is not immediately obtainable, the
			 Department may request documentation from the applicant The Department will not
			 deny the application until the applicant has had a reasonable opportunity
			 period to obtain and provide the necessary proof of U.S. citizenship.
			 (3-17-22)
02.
Benefits During
			 Reasonable Opportunity Period
. Benefits are provided during the
			 reasonable opportunity period that is provided to allow the applicant time to
			 obtain and provide documentation to verify U.S. citizenship. No overpayment
			 will exist for the reasonable opportunity period if the applicant does not
			 provide necessary documentation during the reasonable opportunity period so
			 that the application results in denial. (3-17-22)
03.
Electronic Verification
.
			 Electronic interfaces initiated by the Department with agencies that maintain
			 citizenship and identity information are the primary sources of verification of
			 U.S. Citizenship and Identity. (3-17-22)
04.
Documents
. When verification
			 is not available through an electronic interface, the individual must provide
			 the Department with the most reliable document that is available. Documents can
			 be: (3-17-22)
a. Originals;
			 (3-17-22)
b. Photocopies;
			 (3-17-22)
c. Facsimiles;
			 (3-17-22)
d. Scanned; or
			 (3-17-22)
e. Other type of copy of
			 a document. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.103 - SOCIAL SECURITY NUMBER (SSN) REQUIREMENT

Current through August 31, 2023
01.
SSN Required
. The applicant must provide his social security
			 number (SSN), or proof he has applied for an SSN, to the Department before
			 approval of eligibility. If the applicant has more than one (1) SSN, all
			 numbers must be provided. (3-17-22)
a. The SSN
			 must be verified by the Social Security Administration (SSA) electronically. An
			 applicant with an unverified SSN is not eligible for AABD cash, Health Care
			 Assistance, or Medicaid benefits. (3-17-22)
b. The Department must notify the applicant
			 in writing if eligibility is denied or lost for failure to meet the SSN
			 requirement. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.104 - U.S. CITIZENSHIP AND IDENTITY DOCUMENTATION REQUIREMENTS

Current through August 31, 2023
To be eligible for AABD cash and Medicaid, an individual must
				provide proof of U.S. citizenship and identity unless he has otherwise met the
				requirements under Subsection
				104.06 of this rule. The
				individual must provide the Department with the most reliable document that is
				available. The Department will accept documents as described in Section
				102 of these rules.
				(3-17-22)
01.
Documents Accepted
			 as Proof of Both U.S. Citizenship and Identity
. The following documents
			 are accepted as proof of both U.S. citizenship and identity: (3-17-22)
a. A U.S. passport, including a U.S. Passport
			 card, without regard to expiration date as long as the passport or passport
			 card was issued without limitation; (3-17-22)
b. A Certificate of Naturalization; or
			 (3-17-22)
c. A Certificate of U.S.
			 Citizenship. (3-17-22)
d.
			 Documentary evidence issued by a federally recognized Indian tribe. Such
			 documents include: (3-17-22)
i. A tribal
			 enrollment card; (3-17-22)
ii. A
			 certificate of Degree of Indian Blood; (3-17-22)
iii. A tribal census document; or
			 (3-17-22)
iv. Documents on tribal
			 letterhead, issued under the signature of the appropriate tribal official.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.105 - CITIZENSHIP AND QUALIFIED NON-CITIZEN REQUIREMENTS

Current through August 31, 2023
To be eligible for AABD cash and Medicaid, an individual must
				be a member of one (1) of the groups listed in Subsections
				105.01 through
				105.16 of this rule. An
				individual must also provide proof of identity as provided in Section
				104 of these rules.
				(3-17-22)
01.
U.S.
			 Citizen
. A U.S. Citizen or a "national of the United States."
			 (3-17-22)
02.
Child Born
			 Outside the U.S.
A child born outside the U.S., as defined in
			 Public Law
			 106-395, is considered a citizen if all of the
			 following conditions are met: (3-17-22)
a. At
			 least one (1) parent is a U.S. Citizen. The parent can be a citizen by birth or
			 naturalization. This includes an adoptive parent; (3-17-22)
b. The child is residing permanently in the
			 U.S. in the legal and physical custody of a parent who is a U.S. Citizen;
			 (3-17-22)
c. The child is under
			 eighteen (18) years of age; (3-17-22)
d. The child is a lawful permanent resident;
			 and (3-17-22)
e. If the child is an
			 adoptive child, the child was residing in the U.S. at the time the parent was
			 naturalized and was in the legal and physical custody of the adoptive parent.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.107 - INSTITUTIONAL STATUS

Current through August 31, 2023
An institution provides treatment, services, food, and shelter
				to four (4) or more people, not related to the owner. A participant living in
				an ineligible institution an entire calendar month is not eligible for AABD
				cash, unless he qualifies for the institution payment exception.
				(3-17-22)
01.
Eligible
			 Institutions
. Eligible institutions for AABD and Medicaid are defined in
			 Subsections 107.01.a. through 107.01.c.
			 (3-17-22)
a. Medical institution. A public or
			 private medical institution, including a hospital, nursing care facility, or an
			 intermediate care facility for persons with intellectual disabilities is an
			 eligible institution. A participant is not eligible for AABD cash if he is a
			 resident of a medical institution the full month. (3-17-22)
b. Child care institution. A non-profit
			 private child care institution is an eligible institution. A public child care
			 institution with no more than twenty-five (25) beds is an eligible institution.
			 A child care institution must be licensed or approved by the Department. A
			 detention facility for delinquent children is not a child care institution. A
			 child care institution for mental diseases (IMD) is an eligible institution if
			 it has sixteen (16) beds or less. A participant is not eligible for AABD cash
			 if he is a resident of a child care institution the full month.
			 (3-17-22)
c. Community residence. A
			 community residence is a facility providing food, shelter, and services to
			 residents. A privately operated community residence is an eligible institution.
			 A publicly operated community residence serving no more than sixteen (16)
			 residents is an eligible institution. The Community Restorium in Bonners Ferry,
			 Idaho, is an eligible institution even though more than sixteen (16) residents
			 are served. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.108 - AABD ELIGIBILITY IN INELIGIBLE INSTITUTIONS

Current through August 31, 2023
A participant may get AABD cash in an ineligible institution or
				a medical institution if he meets one (1) of the conditions listed in
				Subsections 108.01 and
				108.02. (3-17-22)
01.
First Month in Institution
.
			 An AABD participant can get AABD cash for the month he entered the institution.
			 Eligibility for the entry month applies to these residents: (3-17-22)
a. Resident of a public institution. The
			 person is a resident if he or anyone pays for his food, shelter, and other
			 services in the institution. (3-17-22)
b. Patient in a medical institution. A
			 patient is a person receiving room, board, and professional services in a
			 medical institution, including an institution for tuberculosis or mental
			 diseases. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.109 - CONDITIONS FOR TEMPORARY AABD IN INSTITUTIONS

Current through August 31, 2023
Special conditions for AABD when a participant is in an
				institution are listed in Subsections
				109.01 through
				109.05. (3-17-22)
01.
Living Arrangement
. AABD
			 cash is paid based on the participant's living arrangement the month before the
			 first month in the institution. Changes in living arrangement costs are used to
			 determine AABD cash eligibility and benefit amount. (3-17-22)
02.
Participant Becomes
			 Ineligible
. If the participant becomes ineligible for AABD during his
			 temporary institutional stay, his AABD payment must be ended after proper
			 notice. (3-17-22)
03.
AABD
			 Status
. A participant must get AABD for the month he enters the
			 institution to receive continued AABD payments. (3-17-22)
04.
Counting Three Full Months
.
			 A full month is a month the participant is in the institution every day of the
			 month. If the participant enters after the first day of a month, the month of
			 entry is not included in the three (3) full months. If the participant is
			 discharged before the last day of the month, the month of discharge is not
			 included in the three (3) full months. (3-17-22)
05.
SSI Benefits
. If SSA decides
			 a participant's SSI benefit will continue while the participant is in the
			 institution, AABD payments can also continue. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.129 - PARTICIPANT'S GUARDIAN FOR AABD CASH

Current through August 31, 2023
A court appointed guardian can manage AABD cash for a
				participant who is not competent to do so. The Department may petition the
				District Court to appoint a guardian if one is needed. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.130 - ESTATE NOT IN PROBATE

Current through August 31, 2023
An administrator for public aid for a deceased participant's
				AABD cash can be court appointed. The administrator must spend AABD cash,
				accessible through EBT before the participant's death, for the estate. The AABD
				cash can only be spent to meet the needs of the participant, or his dependents,
				for the month it was paid. If a participant had no debts for himself, or his
				dependents, the administrator must return the AABD cash to the Department. AABD
				benefits paid by direct deposit or posted to the participant's EBT account,
				after the participant's death, are the property of the state of Idaho.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.131 - ESTATE IN PROBATE

Current through August 31, 2023
AABD cash received by a participant before his death is
				disbursed as part of the participant's estate, if it is probated. The probate
				administrator spends the AABD cash under his oath of administration.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.155 - AABD FOR THE AGED

Current through August 31, 2023
To qualify for AABD for the aged, a person must be age
				sixty-five (65) or older. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.156 - AABD FOR THE DISABLED

Current through August 31, 2023
To qualify for AABD for the blind or disabled, a person must
				meet the definition of blindness or disability used by the SSA for RSDI and SSI
				benefits. (3-17-22)
01.
SSA
			 Decision for Disabled
. SSA's disability decision is binding on the
			 Department unless: (3-17-22)
a. The
			 participant states his disabling condition is different from, or in addition
			 to, his condition considered by SSA, and the participant has not reapplied for
			 SSI; or (3-17-22)
b. More than
			 twelve (12) months have passed since the SSA made a final determination the
			 participant was not disabled, and the participant states his condition has
			 changed or become worse since that final determination, and the participant has
			 not reapplied for SSI. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.166 - FUGITIVE FELON OR PROBATION OR PAROLE VIOLATOR

Current through August 31, 2023
A participant is ineligible to receive AABD for any month
				during which he is fleeing to avoid prosecution for a felony, fleeing to avoid
				custody or confinement after a felony conviction, or violating a federal or
				state condition of probation or parole. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.167 - FRAUDULENT MISREPRESENTATION OF RESIDENCY

Current through August 31, 2023
A participant is ineligible for AABD for ten (10) years if he
				was convicted in a federal or state court of having fraudulently misrepresented
				residence to get AABD, SSI, TAFI, Food Stamps or Medicaid from two (2) or more
				states at the same time. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.200 - RESOURCES DEFINED

Current through August 31, 2023
Resources are cash, personal property, real property, and notes
				receivable. A participant, or spouse, must have the right, authority, or power
				to convert the resource to cash. The participant must have the legal right to
				use the resource for support and maintenance. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.201 - RESOURCE LIMIT

Current through August 31, 2023
The value of countable resources must be two thousand dollars
				($2,000) or less, for a single person to be AABD eligible. A married person
				must have countable resources of three thousand dollars ($3,000) or less to be
				eligible for AABD cash. Resources are counted the first moment of each calendar
				month and apply to the entire month. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.202 - CHANGE IN VALUE OF RESOURCES

Current through August 31, 2023
A change in the value of resources is counted the first moment
				of the next month. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.203 - RESOURCES AND CHANGE IN MARITAL STATUS

Current through August 31, 2023
A change in marital status changes the resource limit. The
				resource limit change is effective the month after individual participants are
				married, divorced, separated, or one (1) spouse dies. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.204 - FACTORS MAKING PROPERTY A RESOURCE

Current through August 31, 2023
Property of any kind is a resource if the participant has an
				ownership interest in the property and the legal right to spend or convert the
				property to cash. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.205 - COUNTING RESOURCES AND INCOME

Current through August 31, 2023
An asset cannot be counted as income and resources in the same
				month. Assets received in cash or in-kind during a month are income. Income
				held past the month received is a resource. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.206 - TYPES OF RESOURCES

Current through August 31, 2023
Liquid resources are resources in cash or resources convertible
				to cash within twenty (20) working days. Nonliquid resources are any resources,
				not in the form of cash, which cannot be converted to cash within twenty (20)
				workdays. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.207 - EQUITY VALUE OF RESOURCES

Current through August 31, 2023
Equity value is the fair market value of a resource, minus any
				debts on it. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.208 - SHARED OWNERSHIP RULE

Current through August 31, 2023
Except for checking and savings accounts and time deposits,
				each owner of shared property owns only his fractional interest in the
				property. The total value of the property is divided among the owners, in
				direct proportion to each owner's share. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.209 - CONVERSION OR SALE OF A RESOURCE NOT INCOME

Current through August 31, 2023
Payment from the sale, exchange, or replacement of a resource
				is not income. The payment is a resource. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.210 - RESOURCES EXCLUDED BY FEDERAL LAW

Current through August 31, 2023
A resource excluded by federal law is not counted in
				determining the resource amount available to the participant. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.216 - HOUSEHOLD FOR RESOURCE COMPUTATIONS

Current through August 31, 2023
A participant living in an institution is not a household for
				resource computations. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.217 - UNKNOWN RESOURCES

Current through August 31, 2023
An asset is not a resource if the participant is unaware of his
				ownership. The asset is a resource the month after discovery. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.222 - VEHICLES

Current through August 31, 2023
Vehicles are excluded as resources as described in Subsection
				222.01 of these rules. If more
				than one (1) vehicle is owned, the exclusion applies in the best way for the
				participant. (3-17-22)
01.
One
			 Vehicle Excluded
. One (1) vehicle is excluded, regardless of value.
			 (3-17-22)
02.
Other Vehicles
			 Not Excluded
. The equity value of a vehicle not excluded under
			 Subsection 222.01 of these rules is a
			 resource. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.223 - BURIAL FUNDS EXCLUDED FROM RESOURCE LIMIT

Current through August 31, 2023
Burial funds up to one thousand five hundred dollars ($1,500)
				per person, set aside for the burial expenses of the participant or spouse, are
				excluded from resources. To be excluded, burial funds must be kept separate
				from assets not burial related. A burial contract that can be revoked or sold,
				without significant hardship, is a resource. Any portion of the contract for
				the purchase of burial spaces is excluded from resources. A burial contract
				that cannot be revoked, and cannot be sold without significant hardship, is not
				a resource. The burial fund portion of the contract counts against the one
				thousand five hundred dollar ($1,500) burial funds exclusion. The burial space
				portion of the contract does not count against the burial funds exclusion.
				Interest earned on excluded burial funds is also excluded. (3-17-22)
01.
Life Insurance Policy as Burial
			 Funds
. The participant can designate a countable life insurance policy
			 as a burial fund. The face value of excluded life insurance policies on the
			 participant counts against the burial funds exclusion. (3-17-22)
02.
Face Value of Burial Insurance
			 Policies Not Counted
. The face value of burial insurance policies does
			 not count toward the one thousand five hundred dollar ($1,500) life insurance
			 limit, when computing the total face value of life insurance policies owned by
			 a participant. Interest on excluded burial funds does not count toward the one
			 thousand five hundred dollar ($1,500) burial funds exclusion.
			 (3-17-22)
03.
Effective Date
			 of Burial Funds Exclusion
. The exclusion is effective the month after
			 the month the funds were set aside. Burial funds can be designated
			 retroactively, back to the first day of the month the participant intended the
			 funds to be set aside. The participant must confirm the designation in writing.
			 (3-17-22)
04.
Penalty for
			 Misusing Burial Funds
. If the participant does not get SSI, burial funds
			 used for another purpose lose the exclusion. An overpayment must be recovered.
			 If the participant gets SSI, and is penalized by SSA because he used excluded
			 burial funds for another purpose, his AABD payment must not be increased to
			 compensate the SSA penalty. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.224 - BURIAL SPACE OR PLOT EXCLUSION

Current through August 31, 2023
A burial space is a burial plot, grave site, crypt, mausoleum,
				casket, urn, niche, or other repository normally used for the deceased's
				remains. A burial space, or burial space purchase agreement, held for the
				burial of the participant, spouse, or other member of his immediate family is
				an excluded resource. (3-17-22)
01.
Burial Space Contract
. The burial space contract must list all
			 burial spaces and include a value for each space or the total value of all the
			 spaces. The contract must not require further payment after the contract is
			 signed. (3-17-22)
02.
Space
			 Held by Ineligibles Excluded
. A space held by an ineligible spouse or
			 parent, for the burial of a participant, spouse, and any member of the
			 participant's immediate family, is excluded. A space held by a legal
			 non-citizen sponsor, or essential person, for his own burial is excluded only
			 if the sponsor is a member of the participant's immediate family.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.235 - EXCLUDED HOUSEHOLD GOODS AND PERSONAL EFFECTS

Current through August 31, 2023
Household goods and personal effects are excluded from
				resources, regardless of their dollar value. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.237 - REAL PROPERTY DEFINITION

Current through August 31, 2023
Real property is land, including buildings or immovable objects
				attached permanently to the land. Real property is a resource unless excluded.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.238 - HOME AS RESOURCE

Current through August 31, 2023
An individual's home is property he owns, and serves as his
				principal place of residence. His principal place of residence is the place he
				considers his principal home. If the individual is absent from his home, it is
				still his principal place of residence if he intends to return.
				(3-17-22)
01.
AABD Cash, and
			 Medicaid With the Exception of Long-Term Care
. For AABD Cash and
			 Medicaid with the exception of long-term care, the value of an individual's
			 home is an excluded resource. (3-17-22)
02.
Long-Term Care Services
. For
			 long-term care services, when the value of a participant's equity in the home
			 is seven hundred fifty thousand dollars ($750,000) or less, the home is
			 excluded as a resource. When the equity value exceeds seven hundred fifty
			 thousand dollars ($750,000), the individual is ineligible for long-term care
			 services. The equity value, regardless of the amount, is an excluded resource
			 when one (1) of the following applies: (3-17-22)
a. The spouse of the individual lives in the
			 home; or (3-17-22)
b. The
			 individual's child, who is under age twenty-one (21), or is blind, or meets the
			 disability requirements for AABD cash, lives in the home.
			 (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.239 - SALE OF EXCLUDED HOME AND REPLACEMENT

Current through August 31, 2023
If the participant plans to buy another excluded home, proceeds
				from the sale of a participant's excluded home are excluded resources. Proceeds
				from the sale of an excluded home must be used to replace the home within three
				(3) calendar months. Proceeds retained beyond three (3) calendar months are a
				countable resource. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.240 - REPLACEMENT OF EXCLUDED RESOURCES

Current through August 31, 2023
Cash and in-kind payments for replacement or repair of lost,
				damaged, or stolen excluded resources, are excluded resources for nine (9)
				months from the date received. This exclusion can be extended for cash
				payments, up to an additional nine (9) months. The extension can be made if,
				for the first nine (9) months, circumstances beyond the participant's control
				prevent repair or replacement of the lost, damaged or stolen property and keep
				the participant from contracting for repair or replacement. This exclusion can
				be extended for twelve (12) more months for a catastrophe the President
				declares a major disaster. Interest earned by funds excluded under this
				provision is excluded from resources. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.241 - UNDUE HARDSHIP EXCLUSION FROM SALE OF JOINTLY-OWNED REAL PROPERTY

Current through August 31, 2023
A participant's ownership interest, in jointly-owned real
				property, is an excluded resource, as long as sale of the property will cause
				undue hardship to a co-owner. Undue hardship results if a co-owner uses the
				property as his principal place of residence, would have to move if the
				property were sold, and has no other readily available housing.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.242 - INDIAN PROPERTY EXCLUDED

Current through August 31, 2023
For the purposes of determining eligibility for an individual
				who is an Indian, the following property is excluded: (3-17-22)
01.
Property
. Real property and
			 improvements located on a reservation, including any federally recognized
			 Indian Tribe's reservation, pueblo, or colony, and Indian allotments on or near
			 a reservation as designated and approved by the Bureau of Indian Affairs.
			 (3-17-22)
02.
Natural
			 Resources
. Ownership interest in rents, leases, royalties, or usage
			 rights related to natural resources resulting from the exercise of federally
			 protected rights. (3-17-22)
03.
Other Ownership Interests or Usage Rights
. Ownership interests in
			 or usage rights to property not covered by Subsections
			 242.01 or
			 242.02 of this rule that have a
			 unique religious, spiritual, traditional, or cultural significance or rights
			 that support subsistence or traditional lifestyle according to applicable
			 tribal law or custom. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.243 - RESOURCES ASSOCIATED WITH PROPERTY

Current through August 31, 2023
Resources associated with real property are mineral rights,
				timber rights, easements, leaseholds, water rights, remainder interests, and
				sale of natural resources. These resources are counted as real property.
				(3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.244 - RESOURCES ESSENTIAL FOR SELF-SUPPORT EXCLUDED

Current through August 31, 2023
Resources are excluded as essential to self-support, if they
				fall into one (1) of the categories described in Subsections
				244.01 through
				244.03. (3-17-22)
01.
Essential Property in Current
			 Use
. Property in current use in the type of activity that qualifies it
			 as essential to self-support is excluded, regardless of value or rate of
			 return. Trade or business property, government permits, and personal property
			 used by an employee for work are excluded regardless of value or rate of
			 return. If the property is not in current use, for reasons beyond the
			 participant's control, there must be a reasonable expectation the required use
			 will resume. If the participant does not intend to resume the self-support
			 activity, the property is a countable resource for the month after the month of
			 last use. (3-17-22)
02.
Nonbusiness Property Producing Goods or Services
. Up to six
			 thousand dollars ($6,000) of the equity value of nonbusiness property, used to
			 produce goods or services essential to daily activities, is excluded regardless
			 of rate of return. Equity value over six thousand dollars ($6,000) is not
			 excluded. This exclusion is not used for income producing property.
			 (3-17-22)
03.
Nonbusiness
			 Income Producing Property
. Up to six thousand dollars ($6,000) equity in
			 nonbusiness income producing property is excluded if it produces at least a six
			 percent (6%) rate of return. The property must produce a net annual return
			 equal to at least six percent (6%) of the excluded equity. If a participant
			 owns more than one (1) piece of income producing property, the six percent (6%)
			 return requirement applies to each. The six thousand dollars ($6,000) equity
			 value limit applies to the total equity value of all the properties meeting the
			 six percent (6%) return requirement. If the earnings decline is for reasons
			 beyond the participant's control, up to twenty-four (24) months can be allowed
			 for the property to resume producing a six percent (6%) return. If the property
			 still is not producing a six percent (6%) return at the end of the twenty-four
			 (24) month extension, the resource exclusion must end the month after the month
			 the twenty-four (24) month period ends. (3-17-22)
Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.245 - RESOURCES SET ASIDE AS PART OF A PLAN FOR ACHIEVING SELF-SUPPORT (PASS) EXCLUDED

Current through August 31, 2023
PASS allows blind and disabled participants to set aside income
				and resources necessary for the achievement of its goals. Resources set aside
				as part of an approved PASS are excluded. The PASS disregard must not be
				applied to resources unless the participant would be ineligible due to excess
				resources. To disregard resources, the PASS must show how resources the
				participant has or will receive under the plan, will be used to obtain the PASS
				goal. The PASS must show how the disregarded resources will be identified
				separately from the participant's other resources. The PASS must list items or
				activities requiring savings or purchases and the amounts the participant
				anticipates saving or spending. The PASS must show a specific target date to
				achieve the objective. (3-17-22)