Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 2 › Subtitle 09 - MEDICAL CARE PROGRAMS › Chapter 10.09.24 - Medical Assistance Eligibility › Section 10.09.24.08 - Consideration of Resources for MAGI Exempt Coverage Groups

Current through Register Vol. 51, No. 14, July 12, 2024
A. This regulation contains the rules for
				  considering resources of members of the MAGI exempt assistance unit and those
				  individuals whose income and resources are considered pursuant to Regulation
				  .06 of this chapter in determining financial eligibility of an assistance unit
				  for retroactive and current eligibility for the period under
				  consideration.
B. Definitions.
(1) "Account" means cash savings or any other
				  form of liquid resource in a bank, credit union, savings and loan association,
				  or any other financial institution in which the resource is subject to
				  withdrawal by the owner or owners of the account.
(2) Automobile.
(a) "Automobile" means a passenger car or any
				  other vehicle used to provide necessary transportation.
(b) "Automobile" does not mean an airplane,
				  farm machinery, or a vehicle used solely for recreational purposes.
(3) "Burial funds" means a
				  revocable burial contract, burial trust, or other burial arrangement or any
				  other separately identifiable fund which is clearly designated as set aside for
				  a person's burial expenses.
(4)
				  "Burial spaces" means conventional gravesites, crypts, mausoleums, urns, and
				  other repositories which are customarily and traditionally used for the remains
				  of deceased persons.
(5) "Equity
				  value" means the fair market value of property less any legal debt on the
				  property.
(6) "Fair market value"
				  means the amount for which property can be sold on the open market in a
				  particular geographical area.
(7)
				  "Funds in an irrevocable trust or other irrevocable arrangement that are
				  available to meet burial expenses" means funds which are held in an irrevocable
				  burial contract, an irrevocable burial trust, or an amount in an irrevocable
				  trust which is specifically identified as available for burial
				  expenses.
(8) "Home" means any
				  shelter in which a member of the assistance unit or any person whose income and
				  resources are considered in determining the financial eligibility of the
				  assistance unit, has an ownership interest and uses as his principal place of
				  residence. The home includes the parcel of land on which the shelter is
				  situated and any related outbuildings necessary to its operation. Only one
				  residence may be considered home property.
(9) "Immediate family" means a person's
				  spouse or a person's minor and adult children, including adopted children and
				  stepchildren, or a person's brothers, sisters, parents, adoptive parents, and
				  the spouses of these persons. Neither dependency nor living in the same
				  household are factors in determining whether a person is an immediate family
				  member.
(10) "Institutionalized
				  person" means a person who is:
(a) An
				  inpatient in a nursing facility;
(b) An inpatient in a medical institution and
				  with respect to whom payment is made based upon a level of care provided in a
				  nursing facility; or
(c) Receiving
				  services under a home and community-based services waiver under COMAR 10.09.27
				  or 10.09.31.
(11) "Joint
				  account" means an account in which two or more persons are named as owners of
				  the account and the funds in the account are subject to withdrawal by any of
				  the persons named as owners.
(12)
				  "Medicaid qualifying trust" means a trust or similar legal device established
				  on or before August 10, 1993, other than by will, by an individual or an
				  individual's spouse, under which the individual or the individual's spouse may
				  be the beneficiary of all or part of the payments from the trust, and the
				  distribution of payment is determined by one or more trustees who are permitted
				  to exercise any discretion with respect to the distribution to the
				  individual.
(13) "Nonapplicant"
				  means a person who is neither an applicant nor the spouse of an
				  applicant.
(14) Property.
(a) "Property" means any thing or things in
				  which a person has a legal or equitable interest.
(b) "Personal property" means all property
				  that is not real property.
(c)
				  "Real property" means property which is fixed or immovable such as land or a
				  building.
(15)
				  "Uncompensated value" means the difference between the fair market value of a
				  person's interest in a resource at the time it was disposed of and the amount
				  of compensation received for the resource.