reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.5 - Public Institutions

Current through June 25, 2024
A. A public
				institution is an institution which is the responsibility of a government unit
				or over which a governmental unit exercises administrative control including:
1. A penal institution or correctional
				facility is a facility under the control and jurisdiction of the governmental
				agency in charge of the penal system or a facility in which convicted criminals
				can be incarcerated, such as a hospital for the criminally insane. This
				includes state prisons which operate their own hospitals; state mental
				hospitals and privately-owned prisons under contract to a correctional
				facility.
2. An institution for
				mental diseases (IMD) is a hospital, nursing facility or other institution of
				more than sixteen (16) beds which is primarily engaged for providing diagnosis
				and treatment or care, including medical attention, nursing and convalescent
				care and related services, to persons with mental diseases.
3. Intermediate Care Facility for the
				Mentally Retarded provides active treatment for individuals with mental
				retardation.
4. A VA nursing
				facility falls under the definition of a public institution.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.6 - Medical Institutions

Current through June 25, 2024
A. A medical
				institution is not considered a public institution. Residents may receive
				Medicaid benefits if otherwise eligible.
B. A medical institution is one that:
1. Is organized to provide medical care,
				including nursing and convalescence care;
2. Has the necessary professional personnel,
				equipment and facilities to manage the medical, nursing and other health needs
				of patients on a continuing basis in accordance with accepted
				standards;
3. Is authorized under
				state law to provide medical care; and
4. Is staffed by professional personnel who
				provide professional medical and nursing services.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.7 - Inmate Status

Current through June 25, 2024
A. An individual is
				an inmate if serving time for a criminal offense or is confined involuntarily
				in a state or federal prison, jail, detention facility or other penal
				facility.
B. An individual who
				voluntarily resides in a public institution is not considered an
				inmate.
C. Likewise, an individual
				who voluntarily resides in a public education or vocational training
				institution for purposes of securing education or vocational training or is
				voluntarily residing in a public institution for a temporary period while other
				living arrangements appropriate to meet his needs are being made is not
				considered an inmate.
D. There is
				no difference between juveniles and adults when applying this rule.
42 CFR §435.1010
				  (Rev. 2006).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.8 - Individuals Ineligible for Medicaid Due to Inmate Status

Current through June 25, 2024
A.
				There are a variety of alternatives to traditional incarceration. An individual
				is considered an inmate of a penal institution as long a penal authorities
				remain responsible for providing (or arranging for provision of) food and
				shelter to the individual.
B. An
				individual is considered an inmate regardless of use of an alternative method
				of incarceration.
C. In addition,
				inmate status continues during period of authorized or unauthorized absence
				from the penal facility.
D. Inmate
				status is not terminated until the individual is paroled or otherwise
				unconditionally and permanently released.
E. Situations in which Medicaid is not
				available due inmate status:
1. Inmates who
				are sent to work on farms on a seasonal basis;
2. Inmates involuntarily residing at a
				wilderness or boot camp under governmental control; (If such a facility is
				privately owned and/or operated, residents may receive Medicaid, if they are
				otherwise eligible, based on home living arrangements.)
3. Individuals who are on home or work
				release for a temporary period of time or who have to report to the facility
				for incarceration at night or on weekends;
4. Individuals in correctional or holding
				facilities, who have been arrested or detained involuntarily and are awaiting
				trial and disposition of charges, or who are held under court order as material
				witnesses or juveniles;
5. Inmates
				involuntarily residing in half-way houses under governmental control;
6. Inmates receiving care on the premises of
				a prison, jail, detention center or other penal setting;
7. Inmates receiving outpatient
				care;
8. Escaped
				prisoners.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.9 - Non-Inmate Status - Potentially Eligible for Medicaid

Current through June 25, 2024
A.
				Admittance as an inpatient in a hospital, nursing facility, juvenile
				psychiatric facility or intermediate care facility interrupts inmate
				status.
B. If otherwise eligible,
				the individual can be approved for Medicaid. This does not include medical
				facilities on the grounds of or under the control of a penal
				facility.
C. Situations in which
				Medicaid is potentially available if all factors of eligibility are otherwise
				met:
1. Infants living with the inmate in the
				public institution;
2. Paroled
				individuals; Individuals in violation of the terms of their parole remain
				potentially eligible for Medicaid even though SSI or Social Security Disability
				benefits have been terminated due to fugitive status.
a) These individuals can qualify or continue
				to qualify for Medicaid unless or until they are under the direct control of
				the penal system, at which time, they fall under the "inmate" rule discussed
				previously.
3.
				Individuals on probation;
a) Individuals in
				violation of the terms of their probation remain potentially eligible for
				Medicaid even though SSI Social Security Disability benefits have been
				terminated due to fugitive status. These individuals can qualify or continue to
				qualify for Medicaid unless or until they are under the direct control of the
				penal system, at which time, they fall under the "inmate" rule discussed
				previously.
4.
				Individuals on house arrest or home release when not required to report to the
				public institution for an overnight stay;
5. Individuals voluntarily living in a
				detention center, jail or penal facility after their case has been adjudicated
				and other living arrangements have been made;
6. Inmates who become inpatients at a medical
				facility, i.e., acute care hospital, nursing facility, juvenile psychiatric
				facility or intermediate care facility. The individuals may be approved for the
				period of their inpatient care, if otherwise eligible.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.10 - Public Educational or Vocational Training Institutions

Current through June 25, 2024
A. Children attending these facilities to
				obtain an education or vocational training may receive Medicaid if they are
				eligible in their home living arrangement.
1.
				Schools for the deaf or blind are examples of such facilities.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.11 - Special Considerations

Current through June 25, 2024
A. The inmate
				cannot be considered a sole applicant until they have been separated from other
				household members for thirty (30) days. When determined Medicaid-eligible as a
				member of the community, the inmate is eligible for full Medicaid
				services.
B. The inmate can be
				considered as the sole member of the budget group for the month in which the
				thirty-first (31st) day falls. When determined
				eligible as an inmate and as the sole member of the budget group, the inmate is
				eligible only for inpatient services.
C. If the inmate is receiving Social Security
				Retirement, Disability or Survivors benefits, and convicted of a crime and
				confined to the correctional institution for more than thirty (30) continuous
				days, Social Security will suspend benefits. Similarly, Social Security must
				suspend benefits to individuals receiving Supplemental Security Income (SSI)
				payments when the person is incarcerated for at least one full calendar month.
1. These suspended payments are disregarded
				as income.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.12 - End of Inmate Status

Current through June 25, 2024
A. Inmate status is
				not terminated until the individual is paroled, otherwise unconditionally and
				permanently released. Inmate status ends when the individual is no longer
				residing in a penal institution and is released from the penal system due to:
1. End of sentence;
2. Pardon;
3. Probation or parole;
a) Parole is the conditional release of an
				offender from prison before he or she has served the full sentence of the
				court; thereby, allowing the offender to serve a portion of the sentence in the
				community under supervision.
b)
				Parole differs from probation in that most probationers have never been in
				prison for a felony conviction. The sentencing judge in such cases orders
				probation instead of a prison term.
c) Parole is distinguishable from the pardon
				process in that any convicted felon, including those that are not eligible for
				parole, may apply for pardon, restoration of citizenship rights or commutation
				(reduction) of sentence.
4. Unconditional release.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.13 - Verification of Inmate Status

Current through June 25, 2024
A. Verification
				sources for inmate status may include:
1.
				State Department of Corrections
2.
				Local prison/mental health authorities;
3. Court documents;
4. Court clerk for court which sentenced the
				individual;
5. A representative of
				the prosecutor's or State's Attorney's office;
6. Discharge arrangements and agreements
				between the individual and the penal/judicial authority.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 102 - Non-Financial Requirements › Chapter 9 - Residents of an Institution › Rule 23-102-9.14 - Inmate Application Process

Current through June 25, 2024
A. The Mississippi
				Department of Corrections forwards the applications of inmates who have had
				inpatient treatment in a medical facility to the Division of Medicaid. Inmate
				applications are processed by state office staff.
Miss. Code Ann.
				  §43.13.121.1 (Rev. 2005)
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.1 - Families, Children and CHIP Programs

Current through June 25, 2024
A. The Medicare
				Catastrophic Coverage Act of 1988, ( P.L. 100-360 ), added provision 1902(r)(2)
				to the Medicaid statute which allows the state to apply income and resource
				rules to certain Medicaid coverage groups that are more liberal than the most
				closely related cash assistance group.
B. For the FCC programs, the most closely
				related cash assistance group is the former Aid to Families with Dependent
				Children (AFDC) program. For the ABD programs, the most closely associated cash
				assistance group is the Supplemental Security Income (SSI) program.
C. Under 1902(r)(2) and other authorization,
				the FCC programs operate under liberalized resource policy and have no resource
				test for eligibility in any coverage group.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.2 - Aged, Blind and Disabled Programs

Current through June 25, 2024
A. Medicaid uses
				the value of a person's resources as a factor in determining eligibility. It is
				generally expected that individuals or couples whose resources exceed the limit
				will use the excess to meet their needs before becoming eligible for
				Medicaid.
B. As a 1634 state,
				Mississippi is required to use SSI resource rules for ABD eligibility
				determinations. However, as indicated previously, the state is allowed to apply
				income and resource rules to certain ABD coverage groups that are more liberal
				than the SSI program. The Division of Medicaid requested and received approval
				to liberalize resource policies for some ABD coverage groups.
C. Some coverage groups are exempt from
				liberalization under 1902(r)(2) because they are considered "deemed" cash
				assistance groups. These coverage groups continue to follow SSI resource rules.
				The remainder of this section describes the treatment of resources in
				determining eligibility in the Aged, Blind and Disabled programs and discusses
				the use of strict SSI rules or liberalized resource policy, as
				applicable.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.3 - General Resource Principles

Current through June 25, 2024
A. The following
				general principles about resources should be noted:
1. Not everything a person owns is a
				resource.
2. Not all resources
				count against the limit.
3. The
				Social Security Act and other Federal laws require certain types and amounts of
				resources to be excluded.
a) If a resource is
				not specifically excluded, it is countable.
4. In certain situations, federal law
				requires other people to share financial responsibility for an individual or
				couple.
a) In those situations, Medicaid
				considers the resources of the person(s) along with those actually belonging to
				the individual couple. If countable resources exceed the limit, an individual
				or couple is not eligible.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.4 - Resource Limits

Current through June 25, 2024
A. Federal law
				establishes a limit on the value of resources an individual or couple may own
				and still be eligible for Medicaid.
B. Countable resources must not exceed the
				limit in effect for the applicable time period.
C. Beginning 07-01-2000 ongoing:
1. The individual limit is $4,000;
				and
2. The couple limit is $6,000.
a) The increased limits above are applicable
				to most coverage groups subject to liberalized resource policies.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.5 - SSI Resource Limits

Current through June 25, 2024
A. The
				individual/couple linamits for groups subject to SSI resource limits remain
				$2,000/$3,000.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.6 - Coverage Groups Subject to SSI Resource Limits

Current through June 25, 2024
A. SSI
				resource limits apply to the following coverage groups:
1. SSI Retro Determinations,
a) Unless the client must be placed in a
				liberalized coverage group for the retroactive period.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.7 - Coverage Groups Subject to Liberalized Resource Limits

Current through June 25, 2024
A.
				Liberalized resource limits apply to the following coverage groups:
1. Long Term Care coverage groups
				(LTC);
2. Home and Community Based
				Waiver groups (HCBS);
3. Poverty
				Level Aged and Disabled (PLAD);
a) Program
				ended December 31, 2005.
4. Healthier Mississippi Waiver
				(HM);
5. Working Disabled (WD)
				and
6. Medicare Savings Programs
				(MSP)
a) See discussion on these reduced
				coverage groups below.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.8 - Reduced Coverage Groups

Current through June 25, 2024
A. The reduced
				coverage groups for non-institutional individuals have or had a resource limit
				that is twice the SSI-related resource limit.
1. Under liberalized policy, the Medicare
				Savings Programs (QMB, SLMB, and QI) have no assets test.
2. The individual/couple limit for QWDI
				remains twice the SSI-related resource limit or $4,000/$6,000.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.9 - Resource Limits Applicable to Institutional Groups

Current through June 25, 2024
A.
				For Medicaid coverage groups considered to be institutional coverage groups,
				the following set of resource limits apply:
1. Effective 10-01-1989, Spousal
				Impoverishment resource rules apply to married couples whereby one spouse is in
				a medical facility while the other spouse remains at home.
2. The Community Spouse is allowed a higher
				resource limit set by federal law and subject to increase each year.
3. Effective 04-01-1993 until the coverage
				group ended 04-30-2005, Spousal Impoverish rules applied to Hospice Coverage
				group.
4. Effective 01-01-1994,
				Spousal Impoverishment resource rules began to be applied to the HCBS Waiver
				programs.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.10 - Liberalized Resource Policy Overview

Current through June 25, 2024
A. The following
				briefly describes the liberalized resource policies currently in effect. The
				liberalizations are described in greater detail in the discussion of each
				resource type:
1. Spend down of resources
				within a month to become eligible in that month, i.e., eligibility may be
				established effective the first day of the month if countable resources fall
				below the applicable limit within the month.
2. Excess resources earmarked for payment of
				private pay in a nursing facility in month(s) prior to Medicaid eligibility are
				not considered countable resources.
3. Income that accumulates pending Medicaid
				approval that results in excess resources can be excluded if this income is
				obligated for Medicaid income purposes.
4. Certain property and types of ownership
				are totally excluded, regardless of value:
a)
				Home property located in Mississippi, life estate and remainder interests in
				any property, 16th Section land leaseholds, mineral
				rights or timber rights that are not under production and housing on
				government-owned land are excluded under liberalized policy,
b) Income producing property is excluded if
				it produces at least six percent (6¢) of the equity value of the property,
c) Promissory notes, loans and
				property agreements are excluded if the note produces a net annual return of
				six percent (6%) of the principal balance,
d) Up to two (2) automobiles may be excluded,
e) Household goods are totally
				excluded and personal property up to five thousand dollars ($5,000.00) in
				equity value is excluded,
f) The
				cash value of whole life insurance is excluded if the combined face value of
				all life insurance policies on any one individual is ten thousand dollars
				($10,000.00) or less,
g) Burial
				spaces for family members are excluded as resources, and
h) Burial funds set aside in a revocable
				arrangement are subject to a six thousand dollar ( $6,000.00) limit effective
				April 1, 2001.
5. The
				current market value of real property is established using the county tax
				assessed true value as shown or calculated using the appropriate county
				property tax assessment notice.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.11 - SSI Resource Policy Overview

Current through June 25, 2024
A. SSI policy
				specifies different exclusion limits or different ways to determine countable
				resources. If the resource policy has not been liberalized, SSI policy is
				applicable unless a subsequently issued federal statue or Medicaid regulation
				supersedes SSI policy.
B. SSI
				policies include:
1. Eligibility is based on
				the individuals countable resources as of the first moment of the first day of
				the month and is applicable to the entire month.
a) If resources exceed the limit as of the
				first moment of the first day of the month, the individual or couple is not
				eligible for that month.
b) It is
				not possible to spenddown resources within a month to establish eligibility for
				that month under SSI resource policy.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.12 - First of the Month Rule for Making Resource Determinations

Current through June 25, 2024
A.
				In the programs using SSI policy, resource determinations are made as of the
				first moment of a calendar month.
B. Any increase or decrease in the value of
				resources during a month is considered as of the first moment of the month
				following the month the change occurred.
1.
				Example; Tom Lee applies for assistance on March
				30th. His only resource is 20 shares of XYZ stock
				that are worth $800.00 on the date he applied. On April
				30th, the value increased to $1,000.00. His
				countable resource amount for April is $800.00. The countable value for May is
				$1,000.00.
2. Example; Rhonda
				Mooney applies for assistance on April 5th. On April
				1st, her resources were $500 in checking and $700 in
				savings. On April 5th, her son gave her money and
				she purchases a CD worth $1,800. Her savings balance increased to $750 on April
				30th, but her checking balance dropped to $350. For
				April, countable resources are $1,200 ($500 + $700). For May, they are $2,900
				($1,800 + $750 + $350). The CD is not considered until May since it was
				acquired in the middle of the month.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.13 - Resource Definitions

Current through June 25, 2024
A. Resources
				(General Definition): All assets, including real and personal property which an
				individual or couple:
1. Owns;
2. Can apply toward basic needs of food,
				clothing and shelter, either directly or by conversion to cash, (if not already
				cash); and
3. Are not legally
				restricted from use for support or maintenance.
a) Examples of resources include, but are not
				limited to:
1) Home,
2) Land,
3) Bank Accounts,
4) Burial Assets,
5) Life Insurance,
6) Automobiles, and
7) Investments.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.14 - Income vs Resources

Current through June 25, 2024
A. It is important
				to distinguish between resources and income to know which counting rules to use
				for any given month. The same item is not evaluated under two sets of counting
				rules for the same month; that is, one item cannot be counted as both income
				and a resource in the same month:
B. Income Counting Rules. Items received in
				cash or in-kind during a month are evaluated under the income rules.
C. Resource Counting Rules. Items retained
				for use in the month following the month of receipt are subject to evaluation
				under resource rules, as are all other items not defined as income.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.15 - Distinguishing Resources from Income

Current through June 25, 2024
A. If an individual
				sells, exchanges, or replaces a resource, what he receives in return is not
				income; rather, it is a different form of resource.
B. In order to distinguish resources from
				income, a determination must be on what has occurred and the monetary
				gain.
C. The monetary gain would be
				considered a resource when it:
1. Was an
				increase in value of an existing resource;
2. Was for the receipt or replacement of a
				resource;
3. Was from the
				conversion or sale of a resource; or
4. Was a cash or in-kind item for the
				replacement or repair of an excluded resource which is lost, damaged or stolen.
				(This is discussed further later in this chapter.)
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.16 - Converted Resources

Current through June 25, 2024
A. If an individual
				sells, exchanges or replaces a resource, what he receives in return is a
				resource that has been converted from one type of resource to
				another.
B. Examples of converted
				resources are:
1. A lot with equity value of
				$5,000.00 is sold and the money is deposited into a money market
				account.
2. A life insurance policy
				is cashed in and the proceeds are used to purchase a pre-need burial
				contract.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.17 - Evaluation of Receipt of Property as Income

Current through June 25, 2024
A. When an
				individual first receives property (as a gift or inheritance, for instance, and
				not as a purchase or trade of one resource for another), the new property is
				subject to evaluation under the income rules for the month of receipt and under
				resource rules thereafter.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.18 - Factors That Make Property a Resource

Current through June 25, 2024
A. Property of any
				kind, including cash, is a resource only if it meets all three criteria listed
				below by resource criteria and description:
1. Ownership Interest.
a) An individual must have some form of
				ownership in property in order for the property to be considered a resource.
				The fact that an individual has access to property, or has a legal right to use
				it, does not make it a resource if there is no ownership interest.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.19 - Access to Resources

Current through June 25, 2024
A. Unless an
				individual has been declared legally incompetent, he is assumed capable of
				managing his own affairs and his resources are considered. Competency does not
				affect consideration of resources.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.20 - Individuals Declared Legally Incompetent

Current through June 25, 2024
A. The following is
				applicable to individuals who have been declared legally incompetent:
1. Court Appointed Guardian or Conservator or
				Conservator. If the court has appointed a guardian or conservator, resources
				owned by the individual are considered available.
a) Seeking court approval is not a legal
				restriction to the sale or disposal of the property and does not change the
				property's status as a countable resource to the individual.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.21 - Types of Access

Current through June 25, 2024
A. Resources are
				accessible through an agent, litigation or a petition-conservatorship account
				under SSI and liberalized resource policy:
1.
				Access Via an Agent. An individual is considered to have free access to, and
				unrestricted use of, property even when he can take those actions only through
				an agent, such as a representative payee or guardian.
a) Example: Joan Shoto receives Social
				Security. Her mother, Laura Shoto, is her representative payee and has Power of
				Attorney. The bank account is a countable resource to Joan because she has
				unlimited access through her mother.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.22 - Assets vs Resources

Current through June 25, 2024
A. Not everything a
				person owns (assets) are resources for Medicaid purposes. As previously
				indicated, a resource is cash or other real or personal property that an
				individual (or spouse, if any):
1.
				Owns,
2. Has the right, authority
				or power to convert to cash, (if not already cash),
3. Is not legally restricted from using for
				his support or maintenance.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.23 - Resources With Zero Value

Current through June 25, 2024
A. Property does
				not cease to be a resource simply because it has no current market value. Even
				though there is no value to count, the property remains a resource for as long
				as it meets the definition of a resource. If the property develops market value
				at a later time, this will be an increase in the value of a resource rather
				than receipt of income.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.24 - Property That Is Not a Resource

Current through June 25, 2024
A. Any property
				(asset) that does not meet the above definition of a resource is not a
				resource, e.g., an individual who has an ownership interest in property, but is
				not legally able to transfer that interest to anyone else does not have a
				resource.
B. Example: An individual
				owns a block of stock with his brother. Although the form of ownership is one
				which would permit either to sell the property without the others consent, the
				brothers have a legally binding agreement that one will not sell without
				consent of the other. The individual's brother refuses his consent, making the
				stock a non-resource for the individual. If the brother subsequently agrees to
				sell, the stock would be evaluated under resource-counting rules beginning with
				the month following the month of consent. The value of the stock would not be
				counted as income to the individual in the month consent is given.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.25 - Unknown Assets

Current through June 25, 2024
A. An individual
				may be unaware of his ownership of an asset. If this is the case, the asset is
				not a resource for the period during which the individual is unaware of his
				ownership.
B. Once the asset is
				discovered by the individual, the value, including any monies accumulated on it
				through the month of discovery, must be treated as follows:
1. Month of discovery. The value of the
				unknown asset, including any monies (such as interest) that have accumulated on
				it through the month of discovery, is evaluated under regular income-counting
				rules.
2. Months after month of
				discovery. For months after the month of discovery, the previously unknown
				asset is a resource and subject to usual resource counting rules.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.26 - Valuation of Resources

Current through June 25, 2024
A. The value of a
				resource is the amount of an individual's or couple's equity in it. As
				indicated in the definitions section, the equity value (EV) of a resource is
				its current market value (CMV) less any encumbrance(s). The pay-off amount for
				each encumbrance on the property is used in the calculation of its equity
				value.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 1 - Introduction to Resources › Rule 23-103-1.27 - Whose Resources to Count

Current through June 25, 2024
A. When eligibility
				is determined or re-determined, the resources of the following must be
				considered:
1. Applicant/recipient;
				and
2. Spouse of the
				applicant/recipient;
a) If the spouse is
				included in the household;
b) Even
				if the spouse is not applying or is ineligible;
c) An exception exists for institutionalized
				individuals.
3.
				Parent(s) of an applicant/recipient who is a child under age 18 living in the
				same household.
a) There is no deeming of
				parental resources to the eligible child in the Disabled Child Living at Home
				group or in any institutional group for the month of entry.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.1 - Significance of Ownership

Current through June 25, 2024
A. Since the type
				and form of ownership may affect the value of real or personal property and
				even its status as a resource, ownership interests are significant in
				determining resource eligibility.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.2 - Sole Ownership

Current through June 25, 2024
A. Only one person
				owns the property (real or personal) and may sell, transfer or dispose of the
				property. However, sole ownership may be subject to conditions imposed by
				others, such as sole ownership of a remainder interest in property.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.3 - Shared Ownership

Current through June 25, 2024
A. Two or more
				people own the property (real or personal) together. The different types of
				shared ownership are discussed below.
1.
				Tenancy in Common.
a) Two or more people have
				an undivided fractional interest in the whole property for the duration of the
				tenancy. These interests are not necessarily equal, i.e., two joint tenants do
				not necessarily each owns half of the property.
b) One owner may dispose of his share without
				permission of the other owner(s), but cannot take these actions with respect to
				the entire property.
c) When one
				owner dies, his interest passes to his heirs or estate.
d) There is no automatic right to
				survivorship for the surviving tenants-in-common.
e) Example, Don, Charles and Fred Evans own
				property as tenants-in-common. Charles and Fred each own an undivided 1/4
				interest while Don owns the remaining 1/2 interest. If Don Evans were to sell
				his 1/2 interest to Stan Long, Mr. Long would be a tenant-in-common with
				Charles and Fred. If Mr. Long were then were then to die so that property
				passed to his 4 children, each of them would own 1/8 interest as tenants-in
				common with Charles and Fred, who would each continue to own 1/4
				interest.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.4 - Fee Simple Ownership

Current through June 25, 2024
A. Relates only to
				real property;
B. Means absolute
				and unqualified legal title to real property;
C. Fee simple ownership is completely free of
				conditions imposed by others.
D.
				The owner has the unconditional power of disposition during his
				lifetime.
E. Upon the owner's
				death, property held in fee simple can always pass to the owner's
				heirs.
F. May exist with respect to
				property owned jointly or solely.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.5 - Less Than Fee Simple Ownership

Current through June 25, 2024
A. Equitable
				Ownership.
1. Exists without legal title to
				property;
2. Legal title may belong
				to another or to no one;
3.
				Examples of equitable ownership include ownership in unprobated estates or
				trust property.
a) Unprobated Estate. An
				individual may have an equitable ownership in an unprobated estate if he is an
				heir or relative of the deceased, receives income from the property or acquires
				rights through intestacy laws. Under liberalized policy, estates in process of
				probation are excluded. Under SSI resource policy an unprobated estate becomes
				a resource the month following the month it meets the definition of
				income.
b) Trust Property. A trust
				is a right of property, established by a trustor or grantor. A Trustee holds
				legal title and manages the property for the benefit of a beneficiary. The
				beneficiary does not have legal title, but does have an equitable ownership
				interest. Clearance procedures must be followed in determining how the trust
				affects eligibility
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.6 - Property Rights With No Ownership

Current through June 25, 2024
A. Leasehold.
1. Does not designate rights of ownership,
				but conveys an individual control of the property so that he has use and
				possession for a specific period of time and usually for a specified rent, such
				as 16th section land leases.
a) 16th Section
				Land. 16th section land or land acquired in lieu of
				16th section land is land controlled by the State
				Board of Education under the general supervision of the State Land
				Commissioner. Generally each county Board of Supervisors has the authority to
				approve or renew leases on the land. An individual who leases such land does
				not own the property and has limited rights. The value of the lease decreases
				as the expiration date nears. Lease rights to 16th section or lieu lands are
				negotiable. These rights may be sold to another person provided the governing
				authority which approves such leases is agreeable to such a sale.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.7 - Other Rights to Use of Real Property

Current through June 25, 2024
A. Homestead Rights
1. Under state law a surviving spouse (widow
				or widower) is entitled to the homestead on the real property used as the home
				at the time of the death of the spouse and to receive income from it for his
				lifetime. This is not a life estate interest in the property, but is quite
				similar. This situation occurs when spouses jointly or commonly own property
				without the right of survivorship clause in the property. The surviving spouse
				has homestead rights to the portion of the property that belonged to the
				deceased spouse. The surviving spouse would also own his/her own interest in
				the property. A homestead right does not have value and cannot be
				sold.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.8 - Evidence of Real Property Ownership

Current through June 25, 2024
A. Property
				ownership must be verified. Obtain a copy of the official document used to
				verify ownership and file it in the case record. The following official records
				may be used to establish real property ownership:
1. Current Deed. If the client does not have
				a copy of the current deed, a copy may be obtained from records in the Chancery
				Clerk's office in the county where the property is located. Any discrepancies
				which exist between a deed and a tax receipt must be resolved in order to
				determine the true ownership situation. A deed must be recorded in the
				appropriate county office to be considered a true deed documenting
				ownership.
2. Tax Assessment Notice
				or Most Recent Tax Receipt. Tax records and receipts describe the property.
				Phrases such as "Et al" and "Et ux" beside the name on a tax receipt indicate
				joint or common ownership in some form. Current Mortgage Statement. Mortgages
				are recorded in the Chancery Clerks office; however, the name of the mortgage
				holder must be known. Report of Title Search Wills, Court Records or
				Relationship Document.- Which show rights of an heir to the property after
				death of the former owner.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 2 - Ownership Interest › Rule 23-103-2.9 - Verifying Current Market Value (CMV)

Current through June 25, 2024
A. Once ownership
				or ownership interest in property has been verified, the current market value
				(CMV) of the client's ownership interest is determined based on the coverage
				group of the applicant or beneficiary and whether Supplemental Security Income
				(SSI) or liberalized resource policy is applicable.
B. Under liberalized resource policy, the CMV
				is established using the most recent county property tax assessment notice
				unless a tax assessment for a prior time period is needed, such as to establish
				CMV when a transfer of assets occurred.
1.
				The true value of the property as shown on the county property tax assessment
				notice is used to establish CMV. If the true value is not shown, the property
				tax assessed true value is calculated as follows:
a) A tax assessed value divided by the county
				tax assessment ratio is the CMV based on the assessment. Class 1 property is
				home property and Class 2 property is non-home property. Class 2 property may
				adjoin home property and therefore be included in the definition of home
				property.
b) Property in
				Mississippi is assessed at ten percent (10%) for Class 1 (home) property and
				fifteen percent (15%) for Class 2 (non-home) property.
c) The assessed value divided by the
				applicable assessment ratio is used to arrive at the true value of property.
				For example, Class 1 (home) property has an assessed value of five thousand
				dollars ($5,000.00). Divide five thousand dollars ($5,000.00) by ten percent
				(10%). The true value is fifty thousand dollars ($50,000.00) based on the
				county tax assessment.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.1 - Retirement Funds

Current through June 25, 2024
A. Retirement funds
				are annuities or work-related plans that are designed to provide income when
				employment ends. These funds can be held with a company or held privately at a
				bank or other financial institution. Listed below are some examples:
1. Pensions, disability, or retirement plans
				administered by an employer or union 401K;
2. Individual Retirement Account
				(IRA);
3. Keogh plans (plans for
				self-employed individuals); and
4.
				Some profit sharing plans
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.2 - Treatment of Retirement Funds

Current through June 25, 2024
A. The terms IRA
				and Keogh refer only to the type of retirement account and do not identify the
				underlying investment vehicle for the account, which may be a bank account,
				Certificate of Deposit, mutual fund, etc.
1.
				If retirement benefits are being received out of such accounts, the principal
				is not considered a resource.
2.
				Otherwise, IRAs and Keogh accounts are developed according to the resource
				policy applicable to the underlying investment vehicle.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.3 - Loans, Promissory Notes & Property Agreements General

Current through June 25, 2024
A. This section provides resource policies
				that primarily apply when the client or spouse is the creditor (lender or
				seller) and is, therefore, the owner of a loan agreement, promissory note or a
				property agreement. The principal amounts of these items are evaluated under
				appropriate SSI or liberalized resource policy.
B. Definitions.
1. Bona Fide Agreement. An agreement which is
				legally valid and made in good faith.
2. Negotiable Agreement. A type of agreement
				where legal title or the amount of the agreement can be transferred (sold) to
				another party.
a) Generally, promissory notes,
				loan agreements and personal and real property agreements can be sold to a
				third party.
b) An agreement may be
				assumed to be non-negotiable if there is a legal bar to its sale.
3. Loan. A transaction in which
				one party advances money to, or on behalf of another party, who promises to
				repay the lender in full, with or without interest.
a) The loan agreement must be enforceable
				under state law and be in writing.
b) A written loan agreement is a form of
				promissory note.
4.
				Informal Loan. With formal loans (e.g., commercial), there is rarely a question
				about whether the loan agreement is bona fide. An informal loan is a loan
				between individuals who are not in the business of lending money or providing
				credit. An informal loan must be written and is bona fide if:
a) It is legally binding under state
				law;
b) It was in effect at the
				time of the transaction (money given with no obligation to repay cannot become
				a loan at a later date) ;
c) There
				is an acknowledgement of an obligation to repay, with or without interest, by
				the lender and the borrower;
d)
				There is a plan or schedule for repayment and the borrower's express intent to
				repay by pledging real or anticipated future income; and
e) The repayment plan is feasible.
5. Promissory Note. Written,
				unconditional agreement where one person promises to pay another party a
				specific amount at a specific time (or on demand). It can be repayment for
				goods, money loaned or services rendered.
6. Property Agreement. A piece of property is
				used to secure payment of a debt or performance of services within a specified
				period of time. Other names for property agreements include:
a) Mortgages;
b) Real estate or land contracts;
c) Contracts for deed;
d) Deeds of trust;
e) Personal property agreements, e.g.,
				pledges of crops, fixtures, inventory, etc., are known as chattel
				mortgages.