reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.4 - Treatment of Loans, Promissory Notes & Property Agreements (SSI)

Current through June 25, 2024
A. SSI policy when the individual is the
				seller or creditor:
1. Obtain a copy of the
				agreement and assume, absent evidence to the contrary, that the written
				agreement is bona fide and negotiable.
2. A bona fide, negotiable agreement is a
				resource. The goods or money represented in the agreement are not a resource
				because they are not accessible.
3.
				The debtor's payments against the principal are a conversion of a resource, not
				income.
4. The interest portion
				received by the lender is unearned income.
5. If retained, principal and interest are
				counted as the lenders resource the month following the month of receipt.
a) Example: Debtor pays $500 per month - $350
				toward principal and $150 in interest. The $350 is a converted resource. The
				$150 is unearned income.
6. If including the original principal
				balance (the amount owed to the creditor when the agreement was established)
				causes ineligibility on resources, obtain verification of the outstanding
				principal balance, i.e., the balance in the month for which a determination is
				being made.
7. If including the
				outstanding principal balance causes ineligibility on resources use the
				outstanding principal balance in determining resources unless one of the
				following is submitted:
a) Evidence of a legal
				bar to the sale of the agreement ; or
b) An estimate from a knowledgeable source
				(in the business of making estimates, such as banks, other financial
				institutions, private investors, real estate brokers, etc.) showing that the
				CMV of the agreement is less than its outstanding principal balance.
1) The estimate must show name, title, and
				address of the source.
8. For agreements determined to be Non-Bona
				Fide or Non-Negotiable:
a) A non-bona fide or
				non-negotiable agreement is not a resource under SSI policy;
b) The principal and interest paid to the
				lender are income, not a resource ; and
c) The goods or money represented in the
				agreement may be a resource to the seller if the seller/creditor has access for
				his own use
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.5 - Treatment of Loans, Promissory Notes and Property Agreements (Liberalized)

Current through June 25, 2024
A. For the borrower under both SSI and
				liberalized resource policy, if the agreement is bona fide and negotiable:
1. Cash paid by the lender to the borrower is
				not income;
2. However, cash
				retained (or property received) may be a resource to the borrower the month
				following the month of receipt.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.6 - Inheritances and Unprobated Estates

Current through June 25, 2024
A. Unprobated
				Estates.
1. Under SSI resource policy, an
				ownership interest in an unprobated state may be a resource if an individual:
a) Is an heir of the deceased; or
b) Receives income from the property;
				or
c) Under state intestacy laws
				has acquired rights in the property due to the death of the deceased.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.8 - Interests of Individual Indians in Trust or Restricted Lands

Current through June 25, 2024
A. Certain types of Indian-specific property
				are excluded from being considered as resources in determining Medicaid
				eligibility for an individual who is an Indian. These excluded resources
				include the following:
1. Property Connected
				to the Political Relationship between Indian Tribes and the Federal Government;
a) This exclusion includes any Indian trust
				or restricted land, or any other property under the supervision of the
				Secretary of the Interior located on a reservation, including any
				federally-recognized Indian Tribe's reservation, pueblo or colony, and
				including Indian allotments on or near a reservation as designated and approved
				by the Bureau of Indian Affairs of the Department of the Interior;
				and
b) Individual Indian Monies
				(IIM) accounts, which are under the supervision of the Secretary of the
				Interior, and considered to be inaccessible; and
c) Property located within the most recent
				boundaries of a prior Federal reservation including former reservations in
				Oklahoma and Alaska Native regions established by the Alaska Native Claims
				Settlement Act;
d) Ownership
				interest in rents, leases, royalties or usage rights related to natural
				resources (including extraction of natural resources or harvesting of timber,
				other plants and plant products, animals, fish, and shellfish) resulting from
				the exercise of federally-protected rights Monies received from the lease or
				sale of these natural resources remain excluded while in an IIM
				account.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.10 - Exclusion of Property Essential for Self-Support

Current through June 25, 2024
A. The
				exclusion of property essential to self-support may apply to real or personal
				property.
1. All property must be in current
				use or, if not in use for reasons beyond the individuals control, there must be
				a reasonable expectation that the required use will resume.
2. The income generated by income-producing
				property is
not
excluded under this provision. Income
				is either earned or unearned, depending on the type of income-producing
				property involved.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.11 - Resources Set Aside As Part of A Plan To Achieve Self-Support (Pass)

Current through June 25, 2024
A. The Social Security Act authorizes the
				exclusion of income and resources of an individual who has a disability or is
				blind (but not aged) when the individual needs the income and resources to
				fulfill a Plan to Achieve Self-Support (PASS) approved by the Social Security
				Administration.
B. Resources set
				aside as part of an approved PASS are excluded.
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 3 - Non-Countable Resources › Rule 23-103-3.12 - Exclusion of Retained Cash Payments

Current through June 25, 2024
A. The treatment of
				the following types of retained cash payments is discussed below:
1. Retroactive Supplemental Security Income
				(SSI) and Retirement, Survivors and Disability Insurance (RSDI).
a) The unspent portion of retroactive SSI
				benefits and RSDI benefits is excluded from resources for nine (9) calendar
				months following the month in which the individual receives the
				benefits.
b) Retroactive SSI
				benefits are SSI benefits issued in any month after the calendar month for
				which they are paid.
1) Benefits for January
				that are issued in February are retroactive.
c) Retroactive RSDI benefits are those issued
				in any month that is at least two calendar months after the calendar month for
				which they are paid.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.13 - Treatment of Excluded Funds Co-Mingled with Non-Excluded Funds

Current through June 25, 2024
A. Otherwise excludable funds must be
				identifiable in order to be excluded.
B. This does not require them to be separate
				from other funds (such as in a separate bank account).
C. When withdrawals are made from co-mingled
				funds, the assumption is non-excludable funds are withdrawn first, leaving as
				much of the excluded funds in the account as possible.
D. If excluded funds are withdrawn, the
				excluded funds left in the account can only be added to by deposits of
				subsequent funds excluded under the same provision and excluded
				interest
E. Example: An individual
				deposits an $800 retroactive RSDI check in a checking account. The account
				already contains $300 in non-excluded funds.
1. Of the new $1,100 balance, $800 is an
				excluded retroactive RSDI payment;
2. The individual withdraws $300. The
				remaining $800 is still excluded;
3. The individual withdraws another $300,
				leaving the $500 balance excluded;
4. The individual deposits $500, creating a
				new $1000 balance. Only $500 of the new balance is excluded.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.1 - Cash

Current through June 25, 2024
A. Cash is a countable resource.
B. Cash is defined as money on hand that is
				in the form of coin or currency.
1. Foreign
				currency or coins are cash to the extent they can be exchanged for U.S.
				currency.
2. Coin collections are
				not considered cash, even though they are a resource.
a) The value of coin collections is based on
				a collector's value and determined by knowledgeable source estimate.
1) Treat a coin collection as other personal
				property.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.2 - Checking/Savings Accounts

Current through June 25, 2024
A. Funds maintained
				in checking and savings accounts are usually payable on demand.
B. When an individual has unrestricted access
				to an account, all of the funds in the account are considered as a resource to
				the owner of the account, regardless of who deposited the funds.
C. A fiduciary or trustee is authorized to
				act on behalf of or for the benefit of another person. A fiduciary's right to
				withdraw funds is the same as the account owner's right to withdraw
				them.
D. Bank accounts must be
				verified eith from the client's own records (statements, print-outs, etc.) or
				agency verification to establish activity on the account and account balances.
1. The person designated as the owner in the
				account title is assumed to own all the funds in the account.
2. Absent evidence to the contrary, the
				person shown as the owner in the account title is assumed to have the legal
				right to withdraw funds and use them for support and maintenance.
a) Example: An account is titled "In trust
				for John Jones and Mary Smith, subject to sole order of John Jones, balance at
				death of either to belong to survivor". Since John alone has unrestricted
				access, none of the funds in the account could be considered Mary's resources
				unless John is her fiduciary or his resources are deemed available to
				her.
b) Example: An account is
				titled" George Dahey, restricted Individual Indian Money Account". Mr. Dahy
				cannot withdraw funds from the account without the authorization of the Bureau
				of Indian Affairs. Therefore, the account is not his resource.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.3 - Joint Checking/Savings Accounts

Current through June 25, 2024
A. Except for
				account ownership, all instructions in the above rule also apply to joint bank
				accounts. The information in this section pertains only to ownership of joint
				bank accounts.
B. Ownership
				Assumptions for Joint Accounts.
1. Ownership
				is assumed as follows when the individual has unrestricted access to the
				account as follows:
a) Ownership When Medicaid
				Client is Joint Owner with an Ineligible Individual(s):
1) Count the total value of the account when
				the Medicaid applicant/recipient holds funds jointly with an ineligible
				individual(s), regardless of the source of the funds.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.4 - Funds Held in Another Individual's Account

Current through June 25, 2024
A. The value of
				funds deposited or held for an applicant/recipient in an account that does not
				have the client's name on it are countable if:
1. The holder(s) of the account agrees that
				the funds on deposit, or a portion thereof, belong to the applicant/recipient,
				and
2. The funds are available to
				the client.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.5 - Time Deposits

Current through June 25, 2024
A. A time deposit
				is a contract between an individual and a financial institution whereby the
				individual agrees to leave funds on deposit for a specified period of time (six
				months, two years, five years, etc.) and the financial institution agrees to
				pay interest at a specified rate for that period.
1. Certificates of Deposit and savings
				certificates are common forms of time deposits.
2. The ownership assumptions regarding
				ownership of bank accounts apply to time deposits.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.6 - Conservator Accounts

Current through June 25, 2024
A. The term
				"conservatorship account" refers to a financial account in which a person or
				institution has been appointed by a court to manage and preserve the assets of
				an individual which are held in the account.
B. Absent evidence to the contrary, the funds
				are available for the individual's support and maintenance and are countable as
				that person's resource.
C. The
				court order establishing the account verifies it.
1. The fact that an individual has to
				petition the court for withdrawal of funds does not mean the funds may be
				assumed to be unavailable.
2. The
				denial of a request for withdrawal of funds by the court does not necessarily
				mean the funds in the account are unavailable for the individual's support or
				maintenance.
a) A history of the petitions for
				and approvals and denials of funds may reveal the court approves petitions to
				withdraw funds to provide maintenance and support and only denies non-essential
				items; or
b) The court's denial of
				a request is the exception rather than the rule. In either instance, the funds
				are considered an available resource.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.7 - Patient Accounts

Current through June 25, 2024
A. A nursing home
				patient account is a financial account set up by the nursing home for the
				convenience of the patient.
B.
				These accounts are similar to a checking and/or savings account. The facility
				holds funds belonging to the patient for the patient's use.
C. For Medicaid purposes, a patient account
				is treated in the same manner as a checking or savings account.
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 4 - Countable Resources › Rule 23-103-4.8 - Charitable Funds Bank Accounts

Current through June 25, 2024
A. The value of
				funds in an account set up to receive and hold charitable contributions
				(fundraisers) is counted if the name of the applicant/recipient is on the
				account and the funds are available to the applicant/recipient for support and
				maintenance.
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 4 - Countable Resources › Rule 23-103-4.9 - Contents of Safety Deposit Box

Current through June 25, 2024
A. Some or all of
				the contents of a safety deposit box may be countable as resources based on the
				appropriate policy applicable to the type of resource, i.e., stock
				certificated, coins, jewelry, life insurance policy, etc.
B. If a recipient's possessions are stored in
				another person's' safety deposit box, access to the contents must be
				deteremined. Access would be determined the owner's statement.
C. Contents are determined from statements of
				the applicant/recipient, spouse or authorized representative. Access tp or
				owner of the .
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 4 - Countable Resources › Rule 23-103-4.10 - Non-Home Real Property

Current through June 25, 2024
A. This type of
				property is land and any permanent buildings/immovable objects attached to it
				that are not considered a principal place of residence.
B. Generally, this type of property is a
				countable resource; however, an exclusion may be developed if there is a bona
				fide effort to sell.
C. Ownership
				and Current Market Value must be determined.
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 4 - Countable Resources › Rule 23-103-4.11 - 529 Plan

Current through June 25, 2024
A. This is a
				state-sponsored investment program in which parents may fund accounts to pay
				for a child's college education.
B.
				Parents are owners and the account is considered a resource.
1. Withdrawal for reasons other than to pay
				for qualified college education is subject to income tax and an additional 10%
				penalty.
2. Account statements may
				be used to verify ownership and value of a 529 Plan..
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.12 - Stocks

Current through June 25, 2024
A. General.
1. Shares of stocks represent ownership in a
				business corporation. The term "stock" includes:
a) Preferred stock,
b) Warrants and rights; and
c) Options to purchase stock:
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.13 - Mutual Fund Shares

Current through June 25, 2024
A. General.
1. A mutual fund is a company whose primary
				business is buying and selling securities and other investments.
2. Types of mutual funds include growth
				funds, income funds, balance funds, municipal bonds, money market funds, load
				funds, no load funds.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.15 - Corporate Bonds

Current through June 25, 2024
A. General.
1. Corporate bonds are the obligation of a
				private corporation. Corporations sell bonds to raise capital.
2. There are two type of corporate bonds:
a) Debentures are backed by the issuer's full
				faith and credit; and
b)
				Mortgage-Backed bonds are backed by a lien on the company's assets.
3. Corporate bonds are issued in
				two forms:
a) Registered bonds pay interest to
				their registered owner; and
b)
				Bearer or coupon bonds pay interest to whomever holds the bond.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.16 - Municipal Bonds

Current through June 25, 2024
A. General.
1. Municipal bonds are to city, county and
				state governments what corporate bonds are to corporations.
2. Most municipal bonds are of two types:
a) General Obligation Bonds are backed by the
				full faith and credit of the issuing municipality and supported by the taxing
				power; and
b) Revenue Bonds are
				backed by the project being financed and the revenue or user fees it
				generates.
c) Other types of
				municipals are limited-tax bonds, anticipation notes, industrial development
				bonds and life-care bonds.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.17 - Government Bonds/US Securities

Current through June 25, 2024
A. General.
1. A government bond, distinct from a US
				Savings Bond, is a transferable obligation issued or backed by the federal
				government.
2. Examples are:
a) Treasury Bills are short-term obligations
				that require a minimum investment of $10,000 and can be sold before
				maturity.
b) Treasury Notes and
				Bonds are similar to T-Bills but they have longer maturities and lower minimum
				investment requirements. They have been registered in book form since July
				1986, but were sometimes issued as bearer bonds before then.
c) TIGER (Treasury Investors Growth Receipt)
				and CATS (Certificate of Accrual on Treasury Securities) are government
				securities issued with a zero coupon concept and can be sold before maturity.
				y.
d) Some Federal Agencies have
				charters to issue securities known as Federal Agency Securities. Minimum
				investments range from $1,000 to $25,000. Some of these federal agencies are:
				the Federal Home Loan Bank Board, Federal Home Loan Mortgage Corporation
				(FREDDIE MAC), the Export-Import Bank and the Government National Mortgage
				Association (GINNIE MAE).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.18 - Cash to Purchase Medical or Social Services

Current through June 25, 2024
A. General.
1. An individual cannot always disburse cash
				given to him/her to purchase medical or social services in the month of
				receipt.
2. To permit use of the
				funds as intended, it is reasonable to assume, for a limited time, that the
				individual will use them to pay for approved services and, therefore, that they
				are not available for support and maintenance.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.19 - Retroactive in-home Supportive Services

Current through June 25, 2024
A. General.
1. In limited circumstances, governmental
				programs will pay a spouse or parent to provide a disabled spouse or child with
				certain in-home supportive (attendant, homemaker) services (IHSS). IHSS
				payments are income when received by the ineligible spouse or parent, but are
				not included as income for deeming purposes. In addition, a period of time is
				allowed during which retroactive IHSS payments are not considered
				resources.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.20 - Uniform Gifts to Minors Act

Current through June 25, 2024
A. General.
1. Most states have adopted the Uniform Gifts
				to Minors Act (UGMA) that permits making gifts that are tax free to minors. The
				UGMA is sometimes called the Uniform Transfers to Minors Act.
2. Under the UGMA legislation:
a) An individual (donor) makes an irrevocable
				gift of money or other property to a minor (the donee);
b) The gift plus any earnings it generates is
				under the control of a custodian until the donee reaches the age of majority
				established by state law;
c) The
				custodian has discretion to provide to the minor or spend for the minor's
				support, maintenance, benefit or education as much of the assets as he/she
				deems equitable; and
d) The donee
				automatically receives control of the assets when he/she reaches the age of
				majority established by state law (age 21 in Mississippi).
3. A custodian of UGMA assets cannot legally
				use any of the funds for his/her own personal benefit. Therefore, the assets
				are not the custodian's resources and additions to, or earnings on the
				principal are not income to the custodian who has no right to use them for
				his/her own support and maintenance.
4. According to Mississippi state law, gifts
				that are valid under the Mississippi Uniform Transfer to Minors Act must
				reflect that the gift is being made under this Act. This means the gift(s),
				e.g., annuity, CD, property, life insurance, etc., must be assigned in writing
				and substantially worded to show the custodian's name, minor's name and the
				designation that the gift is authorized under the Uniform Transfer to Minors
				Act (in Mississippi, MS Code Ann., Section
				91-20-19).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.21 - Entrance Fees to Continuing Care Retirement Communities

Current through June 25, 2024
A. Continuing Care Retirement Communities
				(CCRC) or life care communities provide a range of living arrangements from
				independent living assistance to skilled nursing care.
1. Some CCRC's include Medicaid certified
				nursing facilities while others do not participate in Medicaid.
2. An individual or couple may be required to
				pay substantial entrance fees and sign detailed contracts before moving into
				the CCRC.
3. The entrance fee paid
				to a CCRC is treated as a resource under certain circumstances for the purpose
				of determining Medicaid eligibility.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 4 - Countable Resources › Rule 23-103-4.22 - Disqualification for Long Term Care Assistance for Individuals with Substantial Home Equity

Current through June 25, 2024
A. Reimbursement
				for nursing facility services and other long term care services must be denied
				for an individual who has substantial home equity. In 2009, equity interest in
				home property could not exceed $500,000. This amount is subject to increase
				based on the annual percentage increase in the urban component of the consumer
				price index beginning in 2011, rounded to the nearest $1,000.
B. The disqualification for substantial home
				equity will not apply to an individual who has a spouse, child under age 21 or
				adult blind or disabled child residing in the individual's home.
C. The substantial home equity limitation
				provision can be waived in cases of undue hardship as defined in Miss. Admin.
				Code, Part 103, Chapter 7.
Social Security Act
				  § 1917(f); Title XVI; Deficit Reduction Act; Omnibus Budget Reconciliation
				  Act of 1993.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.1 - Classification of Trusts

Current through June 25, 2024
The three classifications of trusts are as follows:
A. OBRA-93 Trusts:
1. Are trusts established on or after August
				11, 1993, the date mandated by OBRA-93 Federal legislation.
2. Must meet certain criteria. If OBRA-93
				criteria are not met, another trust policy applies.
3. Rules were amended by The Deficit
				Reduction Act of 2005 (DRA) which provides current operating procedures for
				trust issues.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.2 - Clearing Trusts, Guardianships, and Conservatorships

Current through June 25, 2024
A.
				Trusts, guardianships/conservatorships are often complex documents involving
				state law and legal principles.
B.
				Trust documents must be referred to the state office for clearance whenever an
				individual or spouse either creates a trust or is the beneficiary of one.
1. Pertinent materials needed to evaluate the
				terms of the trust include a copy of the trust agreement and applicable
				material.
2. The terms of the trust
				will be evaluated based on the trust provisions described in this chapter.
				Trusts are subject to income, resource and/or transfer of assets rules, as
				appropriate.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.3 - General Trust Definitions

Current through June 25, 2024
A. Introduction.
1. The definitions in this rule apply to
				any/all types of trusts.
2. Each
				type of trust has definitions which are specific to that trust classification
				that are discussed under other rules.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.4 - General Trust Definitions - OBRA-93 and DRA Trust Policy

Current through June 25, 2024
A.
				Introduction.
1. Section 13611 of the Omnibus
				Budget Reconciliation Act of 1993 (
				P.L.
				103-66 ) amended Section 1917(d) of the Social
				Security Act to revise the treatment of trusts effective with trusts
				established after the date of enactment of OBRA-93, which was August 11, 1993.
				Trusts established before this date, but added to or otherwise augmented after
				this date, are treated under OBRA-93 Trust rules.
2. OBRA-93 Transfer of Assets policy is used
				in conjunction with OBRA-93 Trust policy and provisions of the Deficit
				Reduction Act of 2005 (DRA), which amended rules on transfer of assets for less
				than fair market value by broadening the spectrum of what is considered a
				transfer, the length of the penalty period, the look back period for transfers,
				the definition of assets and how penalty periods run consecutively rather than
				concurrently.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.5 - Medicaid Trust Provision

Current through June 25, 2024
The following apply to any individual who establishes a
				  trust, and who is an applicant for or recipient of Medicaid:
A. An individual is considered to have
				established a trust if his or her assets (regardless of how little) were used
				to form part or all the corpus of the trust and if any of the parties described
				as a grantor established the trust, other than by will;
B. When a trust corpus includes assets of
				another person or persons as well as assets of the individual, the rules apply
				only to the portion of the trust attributable to the assets of the individual.
				Thus, in determining countable income and resources in the trust for
				eligibility and post-eligibility purposes, any amounts of income and resources
				will be prorated, based on the proportion of the individual's assets in the
				trust to those of other persons. This general rule, however, is subject to the
				provisions of Miss. Admin. Code Part 103, Rule 5.7.A.
C. This rule applies to trusts without regard
				to:
1. The purpose for which the trust is
				established;
2. Whether the
				trustee(s), has or exercises any discretion under the trust;
3. Any restrictions on when or whether
				distributions can be made from the trust; or
4. Any restrictions on the use of
				distributions from the trust.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.6 - Treatment of Revocable Trusts

Current through June 25, 2024
A. The entire
				corpus of a revocable trust is counted as an available resource to the
				individual. Any income earned by the trust and paid into the trust is also an
				available resource.
B. Any payments
				from the trust made to or for the benefit of the individual are counted as
				income to the individual, provided the payment is counted as income under SSI
				cash assistance rules.
C. Any
				payments from the trust which are not made to or for the benefit of the
				individual are considered assets disposed of for less than fair market value.
				[Refer to Miss. Admin. Code Part 103, Chapter 7]
D. Home property placed in a revocable trust
				loses its excluded status if the client is in an institution.
E. Changes made to a revocable trust that
				restrict or limit its use for the individual or spouse may be a transfer of
				assets. [Refer to Miss. Admin. Code Part 103, Chapter 7]
42 CFR
				  §435.601(b); Social Security Act §1902 (r) (2); Omnibus
				  Reconciliation Act (OBRA-93) of 1993 § 13611 (Rev. 1993); Deficit
				  Reduction Act of 2005 §6016 (Rev. 2006).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.7 - Treatment of Irrevocable Trusts

Current through June 25, 2024
A. In the case of
				an irrevocable trust, where there are any circumstances under which payment can
				be made to or for the benefit of the individual from all or a portion of the
				trust, the following rules apply to that portion.
1. Payments from income or from the corpus
				made to or for the benefit of the individual are treated as income to the
				individual, provided the payment is counted as income under SSI cash assistance
				rules.
2. Income received by the
				trust which could be paid to or for the benefit of the individual is treated as
				a resource available to the individual.
3. The portion of the corpus that could be
				paid to or for the benefit of the individual is treated as a resource available
				to the individual; and,
4. Payments
				from income or from the corpus that are made, but not to or for the benefit of
				the individual, are treated as a transfer of assets for less than fair market
				value. [Refer to Miss. Admin. Code Part 103, Chapter 7]
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.8 - Payments Made From Revocable or Irrevocable Trusts

Current through June 25, 2024
A. Payments
				are considered to be made to the individual when any amount from the trust,
				including an amount from the corpus or income produced by the corpus, is paid
				directly to the individual or to someone acting on his/her behalf, e.g., a
				guardian or legal representative.
B. Payments made for the benefit of the
				individual are payments of any sort, including an amount from the corpus or
				income produced by the corpus, paid to another person or entity such that the
				individual derives some benefit from the payment.
C. A payment to or for the benefit of the
				individual is counted under this provision only if such a payment is ordinarily
				counted as income under the SSI program.
42 CFR
				  §435.601(b); Social Security Act §1902 (r) (2); Omnibus
				  Reconciliation Act (OBRA-93) of 1993 § 13611 (Rev. 1993); Deficit
				  Reduction Act of 2005 §6016 (Rev. 2006).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.9 - Circumstances Under Which Payments Can/Cannot Be Made

Current through June 25, 2024
In determining whether payments can or cannot be made from a
				  trust to or for an individual, any restrictions on payments must be taken into
				  account, such as use restrictions, exculpatory clauses, or limits on trustee
				  discretion that may be included in the trust.
A. Example: If an irrevocable trust provides
				that the trustee can disburse only $1,000 to or for the individual out of a
				$20,000 trust, only the $1,000 is treated as a payment that could be made. The
				remaining $19,000 is treated as an amount which cannot, under any
				circumstances, be paid to or for the benefit of the individual.
B. On the other hand, if a trust contains
				$50,000 that the trustee can pay to the grantor only in the event that the
				grantor needs, for example, a heart transplant, this full amount is considered
				as payment that could be made under some circumstances, even though the
				likelihood of payment is remote. Similarly, if a payment cannot be made until
				some point in the distant future, it is still payment that can be made under
				some circumstances.
Omnibus Reconciliation
				  Act (OBRA-93) of 1993 § 13611 (Rev. 1993); Deficit Reduction Act of 2005
				  §6016 (Rev. 2006).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.10 - Placement of Excluded Assets in Trust

Current through June 25, 2024
A. Section 1917 of
				the Act provides that, for trust and transfer purposes, assets include both
				income and resources.
B. Section
				1917 of the Act further provides that income has the meaning given that term in
				Section 1612 of the Act and resources has the meaning given that term in
				Section 1613 of the Act (income and resources as defined in SSI
				policy).
C. Transferring an
				excluded asset (either income or a resource, with the exception of the home of
				an institutionalized individual) for less than fair market value does not
				result in a penalty under the transfer provisions because the excluded asset is
				not an asset for transfer purposes. Similarly, placement of an excluded asset
				in a trust does not change the excluded nature of that asset; it remains
				excluded, except for the home property of an institutionalized
				individual.
D. Transfer of title to
				the home of an institutionalized individual in a revocable trust results in the
				home becoming a countable resource. Transfer of title to the home property of
				an institutionalized individual in an irrevocable trust results in the home
				either being treated as a countable resource or shall be considered a transfer
				of assets. However, if there are circumstances where payment from the
				irrevocable trust could be made to or for the benefit of the individual, those
				payments shall be treated as a countable resource for the individual. The
				Division will look to the terms of the trust to make this
				determination.
Social Security Act
				  §§ 1612, 1613 and 1917; Omnibus Reconciliation Act (OBRA-93) of 1993
				  § 13611 (Rev. 1993); Deficit Reduction Act of 2005 §6016 (Rev.
				  2006).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.11 - Undue Hardship Provision

Current through June 25, 2024
When application of the Trust provisions would work an undue
				  hardship, the provisions will not apply.
A. Undue hardship exists when:
1. Application of the trust provisions would
				deprive the individual of medical care such that his/her health or his/her life
				would be endangered.
2. Application
				of the trust provisions would deprive the individual of food, clothing shelter,
				or other necessities of life causing severe deprivation.
3. The applicant or spouse or representative
				has exhausted all legal action to have the transferred assets that caused the
				penalty returned.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.12 - Reviewing Trust Documents

Current through June 25, 2024
In reviewing a trust:
A. Trust documents, including amendments and
				the required number of accountings must be obtained;
B. The type of trust, i.e., OBRA-93 Trust,
				Medicaid Qualifying Trust, or Standard Trust, must be determined;
C. The trust must be determined to be
				revocable or irrevocable; and
D.
				Establish whether any income is released from the trust; and
E. The applicable policy and procedural
				requirements for clearing the trust and the treatment of the trust are
				applied.
Miss. Code Ann. §
				  43-13-121.1.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.13 - Trust Exceptions

Current through June 25, 2024
A. The following
				types of trusts are treated as exceptions to the trust provisions outlined
				above provided the trust is established according to criteria specific to the
				trust type. The trust exceptions are:
1.
				Special Needs Trust;
2. Pooled
				Trust; and
3. Income
				Trust.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.14 - Special Needs Trusts (SNT)

Current through June 25, 2024
A. A Special Needs
				Trust (SNT) contains the assets of an individual under age sixty-five (65) who
				is disabled and which is established for the sole benefit of the disabled
				individual by a parent, grandparent, legal guardian of the individual, or a
				court.
B. To qualify for an
				exception to the rules governing trusts, the SNT must contain a provision
				stating that, upon the death of the individual or upon termination of the trust
				for any other reason, the MS Division of Medicaid receives all amounts
				remaining in the trust, up to an amount equal to the total amount of medical
				assistance paid on behalf of the individual.
C. When a SNT is established for a disabled
				individual under age sixty-five (65), the SNT exception for the trust continues
				even after the individual becomes age sixty-five (65). However, a SNT cannot be
				added to or otherwise augmented after the disabled individual reaches age
				sixty-five (65). Any such addition or augmentation after age sixty-five (65)
				involves assets that were not the assets of an individual under age sixty-five
				(65) and therefore, those assets are not subject to the SNT
				exception.
D. A SNT must be
				established for a disabled individual, as defined under the SSI Program in
				section 1614(a)(3). When the individual in question is receiving either Title
				II or SSI benefits as a disabled individual, the disability determination made
				for those programs is accepted. If the individual is not receiving SSI or title
				II based on disability, a determination concerning the individual's disability
				must be made. If disability is not established using SSI criteria, the SNT
				exception cannot apply.
E.
				Establishment of a SNT as described above does not constitute a transfer of
				assets for less than fair market value if the transfer is made into a trust
				established solely for the benefit of a disabled individual under age
				sixty-five (65). However, if the trust is not solely for the benefit of the
				disabled person or if the disabled person is over age sixty-five (65) at the
				time the SNT is established, transfer penalties may apply.
42 U.S.C. §
				  1396p(d)(4).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 5 - Trust Provisions › Rule 23-103-5.15 - Pooled Trusts

Current through June 25, 2024
A. A pooled trust
				is a trust containing the assets of a disabled individual that meets the
				following conditions:
1. The trust is
				established and managed by a non-profit entity that has been granted that
				status by the Internal Revenue Service (IRS);
2. A separate account is maintained for each
				beneficiary of the trust but for purposes of investment and management of funds
				the trust pools the funds in these accounts;
3. Accounts in the trust are established
				solely for the benefit of disabled individuals by the individual, by the
				parent, grandparent, legal guardian of the individual, or by a court;
				and
4. To the extent that any
				amounts remaining in the beneficiary's account upon the death of the
				beneficiary or upon the termination of the trust for any other reason are not
				retained by the trust, the trust pays to the MS Division of Medicaid the amount
				remaining in the account up to the amount equal to the total amount of medical
				assistance paid on behalf of the beneficiary. To meet this requirement, the
				trust must include a provision specifically providing for such
				payment.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 6 - Annuities › Rule 23-103-6.1 - Annuities Defined for Medicaid Purposes

Current through June 25, 2024
A. Annuities -
				General (Applies Regardless of Purchase Date)
1. An annuity is defined as a contract or
				agreement by which one receives fixed, non-variable payments on an investment
				for a lifetime or a specified number of years.
a) An individual may buy an annuity by making
				payments over a period of time or purchase an immediate annuity by paying a
				lump sum to a bank or insurance company in return for regular payments of
				income in certain amounts.
b) When
				an annuity is "annuitized," the investment is converted into periodic income
				payments.
c) These payments may
				continue for a fixed period of time or for as long as the individual or another
				beneficiary lives.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 6 - Annuities › Rule 23-103-6.2 - Treatment of Annuities Purchased prior to 2/8/2006

Current through June 25, 2024
A. An
				annuity purchased before February 8, 2006, by or for an individual using that
				individual's assets will be considered a transfer of assets unless both of the
				following are met:
1. The annuity produces a
				net annual return of at least 6% of its equity value; and
2. Pays out principal and interest in equal
				monthly installments (no balloon payments) to the individual in sufficient
				amounts that the principal is paid out within the actuarial life expectancy of
				the individual seeking long term care services, including HCBS
				services.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 6 - Annuities › Rule 23-103-6.3 - Calculating the Uncompensated Value of Annuities Purchased prior to 02/08/2006

Current through June 25, 2024
The transfer penalty period for the purchase of an annuity
				  prior to 02/08/2006 is calculated based on the value of the payments that would
				  be beyond the actuarial life expectancy of the annuitant.
A. Divide the purchase price of the annuity
				by the number of payout years. This equals the annual rate.
B. Use the life expectancy tables published
				by the Office of the Actuary of the Social Security Administration to determine
				the number of years the individual is expected to live.
C. Subtract the number of years from the
				number of payout years.
D. Multiply
				the difference by the annual rate. This is the uncompensated value.
Social Security Act
				  §1917(c); Omnibus Reconciliation Act of 1993 (OBRA-93) § 13611 (Rev.
				  1993).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 6 - Annuities › Rule 23-103-6.4 - Treatment of Annuities Purchased on or after February 8, 2006

Current through June 25, 2024
The Deficit Reduction Act of 2005 (DRA),
				  P.L.
				  109-171 adds new requirements to the Medicaid
				  statute with respect to the treatment of annuities purchased on or after the
				  date of enactment, February 8, 2006, by or on behalf of an annuitant who has
				  applied for Medicaid for nursing facility services or other long-term care
				  services. The DRA requirements also apply to certain other transactions
				  involving annuities that take place on or after the date of enactment that are
				  described below.
A. Disclosure
				Requirement
1. At each application and annual
				review for Medicaid eligibility, all long-term care applicants or beneficiaries
				are required to disclose any interest the applicant/beneficiary or community
				spouse may have in an annuity or similar financial instrument. Parents of a
				minor child must report any annuities in which the child may have an interest.
2. This disclosure is a condition
				for Medicaid eligibility for long-term care services, including nursing
				facility services and home and community-based waiver services (HCBS) and
				applies regardless of whether or not an annuity is irrevocable or is treated as
				a resource.
3. Refusal to disclose
				sufficient information related to any annuity will result in denial or
				termination of Medicaid eligibility, based on the applicant or beneficiary's
				failure to cooperate in accordance with existing Medicaid policies.
4. When an unreported annuity is discovered
				after eligibility has been established and after payment for long-term care
				services has been made, appropriate steps to terminate payment for long-term
				care services will be taken, including allowing for rebuttal and advance
				notice.