reglab/statecodes huggingface dataset:
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.14 - VA Educational Benefits

Current through June 25, 2024
A. VA provides
				educational assistance under a number of different programs, including
				vocational rehabilitation. Veterans, dependents and survivors of veterans may
				be eligible for educational benefits. Depending on the nature of the program,
				different SSI/Medicaid income and resource policies apply.
B. The following are not considered in
				determining VA income:
1. Vocational
				Rehabilitation. Payments made as part of a VA program of vocational
				rehabilitation are not income, including any augmentation for
				dependents.
2. Withdrawal of
				Contributions. Any portion of a VA educational benefit that is a withdrawal of
				the veteran's own contributions is conversion of a resource and is not
				income.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.15 - VA Benefits for Dependents

Current through June 25, 2024
A. VA often
				considers the existence of dependents when determining a veteran's or veteran's
				surviving spouse's eligibility for pension, compensation and educational
				benefits by the following:
1. Apportionment.
				This is direct payment of the dependent's portion of VA benefits to a dependent
				spouse or child.
a) The portion of a VA
				benefit paid by apportionment to a dependent spouse or child is VA income to
				the dependent spouse or child. It is not a support payment from the designated
				VA beneficiary.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.16 - VA Clothing Allowance

Current through June 25, 2024
A. A VA clothing
				allowance is not income for eligibility or Medicaid Income purposes.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.17 - Payments to Veterans' Children with Certain Birth Defects

Current through June 25, 2024
A.
				These VA payments are made to, or on behalf of, the natural children of
				veterans, regardless of age or marital status, who are in the following
				categories:
1. Vietnam veterans' children for
				any disability resulting from spina bifida;
2. Korea service veterans' children for any
				disability resulting from spina bifida;
3. Women Vietnam veterans' children for
				certain birth defects.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.18 - VA Aid and Attendance and Housebound Allowances

Current through June 25, 2024
A. VA Aid
				and Attendance and Housebound Allowances are not counted as income for
				eligibility purposes and must be excluded from the total VA payment when
				determining eligibility.
1. In addition,
				these payments are not considered third party payments.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.19 - VA Payment Adjustments for Unusual Medical Expenses (UME)

Current through June 25, 2024
A. VA considers unusual medical expenses when
				determining some needs-based pension and compensation payments.
B. These VA payments resulting from unusual
				medical expenses are treated as follows:
1.
				They are not income for eligibility or Medicaid Income purposes.
2. These payments are considered as
				reimbursements for medical expenses or services that are excluded in the
				definition of income.
3. Any
				unspent VA payments resulting from unusual medical expenses are resources if
				retained into the calendar month following the month of receipt.
4. Prior to July 1, 1994, any VA increase or
				extra payment resulting from unusual medical expenses was income. The client
				was required to claim UME as part of the VA Improved Pension application
				process if UME would result in a higher benefit whether the client lived at
				home or in a nursing facility as part of the Utilization of Other Benefits
				provision.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.20 - Deeming VA Income

Current through June 25, 2024
A. Under the
				deeming provision, the income of an ineligible spouse or parent who receives
				income based on need is not deemed to an eligible spouse or child in at-home
				cases.
B. The needs-based pension
				and needs-based compensation payments are non-deemable along with any other
				income of the ineligible.
C.
				However, if an ineligible spouse or parent receives a VA payment that is solely
				attributed to UME or A & A, the receipt of such payment will result in
				deeming the remaining income of the ineligible to the eligible.
D. Example: If an ineligible spouse receives
				Social Security and VA that is attributed solely to UME, the ineligible's
				Social Security would be deemable to the eligible. However, if the ineligible
				receives a VA needs-based pension or needs-based compensation payment in
				addition to payment for UME, all income of the ineligible, including the Social
				Security payment, is non-deemable to the eligible person.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.21 - Treatment of Institutional Cases involving UME or A & A

Current through June 25, 2024
A. If the institutional client (IS) with a
				community spouse (CS) receives non-countable income from UME or A&A, the CS
				will be allowed to receive the IS' payment attributable to UME or A&A in
				addition to the CS allocation amount computed in the Medicaid Income
				computation.
1. If the CS is not entitled to
				Medicaid, the extra income will have no impact.
2. However, if the CS is Medicaid-eligible at
				home, the income that represents the UME (or A&A) payable to the IS is
				income to the CS.
a) UME (and A&A) is
				disregarded as income only to the one entitled to the payment.
b) When it becomes income available to the
				CS, it is income to the CS.
1) If the income
				is given to anyone else, the possibility of a transfer of resources
				exists.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.22 - Treatment of VA Income in Income Trust Cases

Current through June 25, 2024
A. Only basic
				VA benefits (as verified by VA) are counted as an Income Trust client's total
				income available to fund the Income Trust.
1.
				Any UME (or A&A), which is not counted as income, can be retained by the
				client and/or spouse, as discussed in the above rule.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.23 - Treatment of VA Contract Patients in Nursing Facilities

Current through June 25, 2024
A.
				Certain veterans qualify for VA contract payments which cover nursing home care
				for one to six months; however, veterans with a service-connected disability
				may not be subject to the six-month limit.
B. Treatment of these individuals is as
				follows:
1. Eligibility for Medicaid benefits
				other than nursing home reimbursement can begin prior to the date a VA contract
				expires, depending on the date the application is filed and provided the
				individual is eligible on all other factors.
2. Reimbursement cannot begin until the date
				the VA contract expires.
3. The VA
				money paid to the nursing home is not counted as income to the Medicaid
				applicant.
a) Although a VA contract payment
				is a third party medical payment, it is not a payment subject to recovery by
				Medicaid.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.24 - Reduced VA Pension for Veterans and Surviving Spouses in Nursing Homes

Current through June 25, 2024
A. Federal law limits the maximum pension
				that can be paid to or for veterans, who have neither a spouse nor a child, or
				surviving spouses (widows or widowers) without children who are covered by
				Medicaid for services furnished by a nursing facility to a maximum of $90.
1. The reduced pension of $90 or less is VA
				Aid and Attendance in all cases, and is not income for eligibility
				purposes.
2. Federal law also
				prohibits counting the reduced pension toward the veteran's cost of care
				(Medicaid Income); therefore, the Personal Needs Allowance (PNA) for all
				clients receiving a reduced pension is equal to the pension payment received to
				ensure that no part of the reduced pension is counted as income.
3. When a client who is eligible for long
				term care nursing home coverage under an Income Trust becomes entitled to the
				$90 reduced pension and the client continues to need the Income Trust to remain
				eligible, the $90 reduced pension is not counted as income to the Income Trust
				client.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.25 - Treatment of VA Benefits Allocated to Spouse Receiving IBON

Current through June 25, 2024
A. When the spouse of an applicant or
				recipient receives Income Based on Need (IBON), the source of the IBON may
				count a portion of the VA benefit as income to the spouse receiving the IBON.
				This amount counted by the IBON source will be deducted from the countable VA
				benefit verified by VA for Medicaid eligibility.
1. Example: An applicant receives a VA
				pension and his spouse receives SSI. SSI verifies $50 of the VA pension is the
				spouse's income in the SSI computation; therefore, $50 is deducted from the
				client's verified VA pension in determining countable income for
				Medicaid.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.26 - Determining the Amount of VA Payments

Current through June 25, 2024
A. The following
				must be considered in determining the amount of VA payments:
1. The type of VA payment being made and the
				policy in effect in the month of payment.
2. Overpayments recovered from VA benefits
				are included as income in determining eligibility and Medicaid
				Income.
3. In cases where VA
				"suspends" VA Improved Pension benefits for failure to verify medical expenses,
				the benefit in effect prior to the suspension date continues to count as income
				because the recipient remains entitled to the VA benefit.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.27 - Unemployment Insurance Benefits

Current through June 25, 2024
A. This type of
				income is defined as follows:
1. Unemployment
				insurance benefits, also known as unemployment compensation, means payments
				received under a state or federal unemployment law and additional amounts paid
				by unions or employers as unemployment benefits.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.28 - Workers' Compensation Payments

Current through June 25, 2024
A. This type of
				income is defined as follows:
1. Workers'
				Compensation (WC) payments are awarded to an injured employee and his/her
				survivor(s) under federal and state WC laws, such as the Longshoremen and
				Harbor Workers' Compensation Act and may be made by a federal or state agency,
				an insurance company or an employer.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.29 - Temporary Assistance for Needy Families (TANF)

Current through June 25, 2024
A. This
				type of income is defined as follows:
1. TANF
				provides a monetary grant to families under a program that uses income as a
				factor of eligibility and is partially funded by federal block
				grants.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.30 - Bureau of Indian General Assistance (BIA GA)

Current through June 25, 2024
A. This type of
				income is defined as follows:
1. Bureau of
				Indian Affairs General Assistance (BIA GA) is a federally funded program
				administered by the Bureau of Indian Affairs (BIA) through its local agency or
				a tribe. The program makes periodic payments to needy Indians.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.31 - Foster Care and Adoption Assistance

Current through June 25, 2024
A. These types of
				income are defined as follows:
1. Foster
				Care. An individual (adult or child) is considered to be in foster care when:
a) A public or private nonprofit agency
				places the individual under a specific placement program; and
b) The placement is in a home or facility
				which is licensed or otherwise approved by the state to provide care;
				and
c) The placing agency retains
				responsibility for continuing supervision of the need for such placement and
				the care provided.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.32 - Support Payments - Spousal Support, Alimony

Current through June 25, 2024
A. These
				types of income are defined as follows:
1.
				Alimony and support payments are both cash contributions intended to meet some
				and all of a person's needs for food and shelter.
a) Support payments may be made voluntarily
				or because of a court order.
b)
				Alimony, sometimes called "maintenance" is an allowance made by a court from
				the funds of one spouse to the other spouse in connection with a suit for
				separation or divorce.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.33 - Support Payments - Child Support

Current through June 25, 2024
A. Child support is
				defined as follows:
1. A child support payment
				is payment from an absent parent to or for a child to meet the child's needs
				for food and shelter.
2. Child
				support can be voluntary or court-ordered.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.34 - Rental Income

Current through June 25, 2024
A. Rental income is
				defined as follows:
1. Rent is payment that a
				person receives for the use of real or personal property, such as land, housing
				or machinery.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.35 - Dividends and Interest

Current through June 25, 2024
A. This type of
				income is defined as follows:
1. Dividends and
				interest are returns on capital investments such as stocks, bond or savings
				accounts.
a) Account service fees or penalties
				for early withdrawal do not reduce the amount of interest or dividend
				income.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.36 - Royalties

Current through June 25, 2024
A. This type of income is defined as follows:
1. Royalties include compensation paid to the
				owner for the use of property, usually copyrighted material, e.g., books, music
				or art, or natural resources, e.g., minerals, oil, gravel or timber.
a) Royalty compensation may be expressed as a
				percentage of receipts from using the property or as an amount per unit
				produced. To be considered royalties, payments for the use of natural resources
				also must be received:
1) Under a formal or
				informal agreement whereby the owner authorizes another individual to manage
				and extract a product (like timber or oil) and
2) In an amount that is dependent on the
				amount of the product actually extracted.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.38 - Gifts

Current through June 25, 2024
A. This type of income is defined as follows:
1. A gift is something a person receives
				which is not repayment for goods or services the person provided and is not
				given because of a legal obligation on the giver's part.
2. A gift is something that is given
				irrevocably, i.e., the giver relinquishes all control.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.39 - Gifts of Travel Tickets

Current through June 25, 2024
A. Domestic travel
				is defined as follows:
1. Domestic travel is
				travel in or between the 50 states, the District of Columbia, Puerto Rico, the
				US Virgin Islands, Guam, American Samoa and the Northern Mariana
				Islands.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.41 - Gift Cards and Gift Certificates

Current through June 25, 2024
A. This type of
				income is treated as follows:
1. The value of
				a gift card or gift certificate is unearned income in the month it is received
				if the gift card or certificate can be used to purchase food or shelter or can
				be resold.
a) Absent evidence to the contrary,
				presume a gift card or certificate can be resold.
1) Evidence to the contrary could include a
				legally enforceable prohibition on resale or transfer of the card/certificate
				imposed by the card issuer/merchant printed on the card or
				certificate.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.42 - Work-Related Unearned Income

Current through June 25, 2024
A. The following
				work-related payments are counted as unearned income:
1. Certain in-kind items provided as
				remuneration for employment, e.g., in-kind payments of food or shelter to
				domestic employees;
2. Money paid
				to a resident of a public institution when no employer/employee relationship
				exists;
3. Tips under $20 per
				month;
4. Jury fees, i.e., fees for
				services, not expense money;
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.43 - Treatment of Sick Pay as Unearned Income

Current through June 25, 2024
A. Any payments on
				account of sickness and accident disability paid more than six full months
				after work stopped because of that sickness or disability are unearned
				income.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.44 - Death Benefits

Current through June 25, 2024
A. This type of
				income is defined as follows:
1. A death
				benefit is something received as the result of another's death.
a) Examples include:
1) Proceeds of life insurance policies
				received due to death of the insured;
2) Lump sum death benefits from
				SSA;
3) RR burial
				benefits;
4) VA burial
				benefits;
5) Inheritances in cash
				or in kind;
6) Cash or in-kind
				gifts given by relatives, friends, or a community group to "help out" with
				expenses related to death.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.45 - Inheritances

Current through June 25, 2024
A. This type of income is defined as follows:
1. An inheritance is cash, a right or a
				noncash item(s) received as the result of someone's death. An inheritance is a
				death benefit.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.46 - Choctaw Tribal Bonus

Current through June 25, 2024
A. The Choctaw
				Tribal Bonus is issued as the result of gaming revenues which are distributed
				to individuals on a per capita basis.
B. For Medicaid eligibility purposes, the
				bonus is a recurring lump sum payment and is counted as income in the month of
				receipt.
Social Security Act
				  §1902 (r)(2); 42 CFR §435.601(b) (Rev
				  1994).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.48 - Presidentially-Declared Disaster Assistance

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. At the
				request of the state governor, the President may declare a major disaster when
				the disaster is of such severity and magnitude that effective response is
				beyond the capabilities of the state and local governments, and federal
				assistance is needed.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.49 - Federal Emergency Management Agency (FEMA) Emergency Assistance

Current through June 25, 2024
A. This type of assistance is defined as
				follows:
1. Through a national board chaired
				by the Federal Emergency Management Agency (FEMA) and local boards, funds are
				provided to private nonprofit organizations and state and local governmental
				entities for providing emergency food and shelter to needy individuals. The
				federal funds are not provided to meet ongoing basic needs.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.50 - Federal Housing Assistance

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. The
				Federal Government through the Office of Housing and Urban Development (HUD)
				and the US Department of Agriculture's Rural Housing Service (RHS), formerly
				the Farmers Home Administration, provides many forms of housing
				assistance.
2. This assistance may
				be provided directly by the federal government or through other entities such
				as local housing authorities or nonprofit organizations.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.51 - Low Income Energy Assistance

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. Through
				a block grant, the federal government provides funds to states for energy
				assistance (including weatherization) to low income households. This assistance
				may be provided by a variety of agencies (such as state or local welfare
				offices, community action agencies, special energy offices) and known by a
				variety of names (for example, HEAP, Project Safe). It is most often provided
				in a medium other than cash (such as, voucher, two-party check, direct payment
				to vendor) but may be in cash.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.52 - Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA)

Current through June 25, 2024
A. This type of assistance is defined as
				follows:
1. Low income energy assistance
				discussed in Rule 7.51 is governmental assistance. HEA/SMA is assistance which
				is the result of charitable efforts by the community to help
				recipients.
2. Home energy
				assistance is any assistance related to meeting the costs of heating or cooling
				a home.
3. Support and maintenance
				assistance is in-kind support and maintenance or cash provided for the purpose
				of meeting food, clothing and shelter needs. It includes energy
				assistance.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.53 - Relocation Assistance

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1.
				Relocation assistance provided to persons displaced by governmental projects
				that acquire real property is not income.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.54 - Refugee Cash Assistance (RCA), Cuban and Haitian Entrant Cash Assistance (CHECA)

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. Refugee
				Cash Assistance and Cuban and Haitian Entrant Cash Assistance are federally
				funded programs that make ongoing needs-based payments to refuges during their
				first 8 months in the United States.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.55 - Refugee Reception and Placement Grants

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. Federal
				funds are provided to national voluntary refugee resettlement agencies such as
				Catholic Charities or the Hebrew Immigrant Aid Society, which provide services
				(including food, clothing and shelter) related to initial resettlement of new
				refugees.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.56 - Community Service Block Grants

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. The
				Department of Health and Human Services makes community service block grants to
				states to provide a broad range of services and activities to assist low-income
				individuals and alleviate the causes of poverty in a community. States may
				subsequently make grants or enter into contracts with private nonprofit
				organizations or political subdivisions.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.57 - Work Relief (Workfare) Programs

Current through June 25, 2024
A. This type of
				assistance is defined as follows:
1. Some
				governmental assistance programs require that certain recipients work in
				exchange for the assistance provided. Most often the amount of the assistance
				payment is divided by the minimum wage and the recipient required to perform
				some service for the resulting number of hours. Usually a participant in such a
				work program is given money to cover any expenses incurred (e.g., carfare,
				special clothing, miscellaneous, etc.).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.58 - Programs for Older Americans

Current through June 25, 2024
A. These programs
				are defined as follows:
1. The Federal
				Government through the Administration on Aging is involved in a variety of
				programs for older Americans. State or local governments or community
				organizations may operate the programs.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.59 - Workforce Investment Act (WIA)

Current through June 25, 2024
A. This program is
				defined as follows:
1. The Workforce
				Investment Act of 1998 (WIA), which became effective July 1, 2000, establishes
				a national workforce preparation and employment system to meet the needs of
				businesses, job seekers and those who want to further their careers.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 7 - Sources and Treatment of Unearned Income › Rule 23-104-7.61 - Payments for Clinical Trial Participation

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Payments for
				participation in clinical trials which research and test treatment of rare
				diseases or conditions, as defined in the Improving Access to Clinical Trials
				Act of 2009.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.2 - Austrian Social Insurance Payments

Current through June 25, 2024
A. These payments
				are defined as follows:
1. The nationwide
				class action lawsuit, Bondy v. Sullivan, involved Austrian social insurance
				payments based, in whole or in part, on wage credits under Paragraphs 500-506
				of the Austrian General Social Insurance Act, which grant credits to person who
				suffered a loss (imprisoned, unemployed, forced to flee Austria from March 1933
				to May 1945 for political, religious or ethnic reasons).
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.3 - Child Care Payments under Child Care and Development Block Grant Act (CCDBGA)

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Payments to
				low-income families or to children with special needs for certain childcare
				activities, such as early childhood development, before and after school
				services and services designed to permit a parent to continue
				working.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.4 - Department of Defense (DOD) Payments to Certain Persons Captured and Interned by North Vietnam

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Payments made under
				section 657 of the National Defense Authorization Act to an individual (or if
				deceased, to the surviving spouse or child of any age) captured and interned by
				the Democratic Republic of North Vietnam as a result of participation in
				certain military operations.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.5 - Energy Employees Occupational Illness Compensation Program Act (EEOICPA)

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Lump sum payments
				for medical and other expenses associated with energy-related occupational
				illnesses.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.6 - Filipino Veterans Compensation Fund Payments (FVECF)

Current through June 25, 2024
A.
				These payments are defined as follows:
1. The
				American Recovery and Reinvestment Act signed February 17, 2009, established a
				one-time payment to eligible Filipino veterans (or surviving spouse) who aided
				American troops during World War II. Must file within one year of
				enactment.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.7 - Food Programs with Federal Involvement

Current through June 25, 2024
A. These payments
				are defined as follows:
1. SNAP;
2. School Lunch Program;
3. Child Nutrition Programs; and
4. Nutrition Programs for Older
				Americans.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.8 - Gifts to Children with Life Threatening Conditions

Current through June 25, 2024
A.
				These gifts are defined as follows:
1. Any
				in-kind gift, not converted to cash, and cash gifts that do not exceed $2000 in
				any calendar year from a 501(c)(3) organization (e.g., Make-a-Wish Foundation,
				other charities or churches) for the benefit of a child under age 18 with a
				life threatening condition.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.9 - HIV and Hemophiliac Settlement Payments

Current through June 25, 2024
A. These
				payments are defined as follows:
1. Payments
				from Ricky Ray Hemophilia Relief Fund and Susan Walker v. Bayer Corporation, et
				al, settlement fund.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.11 - Individual Interest in Indian Trust or Restricted Lands Exclusion

Current through June 25, 2024
A. These payments are defined as follows:
1. Includes certain Tribal per capita
				payments and other types of Tribal income distributed or held in trust by the
				Secretary of the Interior and monies received from the lease or sale of natural
				resources, and rent or lease income resulting from federally-protected rights
				on excluded Indian property.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.12 - Japanese American and Aleutian Restitution Payments

Current through June 25, 2024
A.
				These payments are defined as follows:
1.
				Payments by the US government to individual Japanese-Americans or the spouse or
				parent of an individual of Japanese ancestry and Aleuts who were interned or
				relocated during WWII. This exclusion also includes payments made by the
				Canadian government to Japanese-Canadians interned or relocated during
				WWII.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.13 - Nazi Persecution Payments

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Payments made to
				individuals because of their status as victims of Nazi persecution include
				German Reparation payments and payments under provisions of the Nazi
				Persecution Victims Eligibility Act.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.14 - Netherlands WUV Payments to Victims of Persecution

Current through June 25, 2024
A. These
				payments are defined as follows:
1. Payments
				by the Dutch Government to Dutch/non-Dutch persons in WWII, who were victims of
				persecution due to religion, race, beliefs or homosexuality and are presently
				suffering from disabilities and illnesses as a result of that
				persecution
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.15 - Radiation Exposure Compensation Trust Fund (RECF)

Current through June 25, 2024
A.
				These payments are defined as follows:
1.
				Lump sum payments made to individuals who contracted certain diseases after
				radiation exposure due to nuclear testing and uranium mining.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 8 - Other Unearned Income Exclusions › Rule 23-104-8.16 - Refunds of Taxes Paid on Real Property or Food

Current through June 25, 2024
A. These
				payments are defined as follows:
1. Any
				amount received from any public agency as a return or refund of taxes paid on
				real property or on food purchased.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.1 - Sick Pay

Current through June 25, 2024
A. These payments are defined as follows:
1. Sick pay is a payment made to or on behalf
				of an employee by an employer or a private third party (such as a union or
				insurance company) for sickness or accident disability. Sick pay is either
				wages or unearned income.
2.
				Payments under a Workers' Compensation law are neither wages nor sick pay.
				Annual and sick leave payments are considered a continuation of
				salary.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.2 - Wages and Salaries

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Wages are what an
				individual receives (before deductions) for working as someone else's employee.
a) Under certain conditions, services
				performed as an employee are deemed self-employment rather than wages, e.g.,
				ministers, real estate agents, share farmers, insurance salesmen,
				etc.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.3 - Cafeteria Plans

Current through June 25, 2024
A. A Cafeteria Plan
				is defined as follows:
1. A written benefit
				plan offered by an employer in which:
a) All
				participants are employees, and
b)
				Participants choose cafeteria-style from a menu of two or more cash or
				qualified benefits.
1) A qualified benefit is
				not considered part of an employee's gross income.
2) Qualified benefits include, but are not
				limited to:
(a) Accident and health plans,
				including medical plans, vision plans, dental plans, accident and disability
				insurance;
(b) Group term life
				insurance plans up to $50,000;
(c)
				Dependent care assistance plans;
(d) Certain stock bonus plans under Section
				401(k)(2) of the IRC, but not 401(k)(1) plans.
3) Cash is not a qualified benefit.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.4 - Wage Advances and Deferred Wages

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Wage advances are
				payments by an employer to an individual for work to be done in the
				future.
2. Wages are considered
				"deferred" if they are received later than their normal payment date.
a) Types of wage payments that may be
				deferred include vacation pay, dismissal and severance pay, back pay and
				bonuses.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.5 - Net Earnings from Self Employment (NESE)

Current through June 25, 2024
A. NESE is defined
				as follows:
1. NESE is the gross income from
				any trade or business, less allowable deductions for that trade or business.
a) Any distributive share (whether
				distributed or not) of income or loss from a trade or business carried on by a
				partnership is included in NESE.
b)
				NESE also includes any profit or loss in a partnership.
c) NESE is determined on an annual
				basis.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.6 - Payments for Services Performed in a Sheltered Workshop or Work Activities Center

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Payment for
				services performed in a sheltered workshop or work activities center are what
				an individual receives for participating in a program designed to help him
				become self-supporting.
a) A sheltered
				workshop is a nonprofit organization or institution whose purpose is:
1) To carry out a recognized program of
				rehabilitation for handicapped workers; and/or
2) To provide such individuals with
				remunerative employment or other occupational rehabilitating activity of an
				educational or therapeutic nature.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.7 - Royalties and Honoraria

Current through June 25, 2024
A. These payments
				are defined as follows:
1. Royalties include
				compensation paid to the owner for the use of property, usually copyrighted
				material (e.g., books, music, or art) or natural resources (like minerals, oil,
				gravel or timber). Royalty compensation may be expressed as a percentage of
				receipt from using the property or as an amount per unit produced.
a) To be considered royalties, payments for
				the use of natural resources also must be received:
1) Under a formal or informal agreement
				whereby the owner authorizes another person to manage and extract a product
				like timber or oil; and
2) In an
				amount that is dependent on the amount of the product actually extracted.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.8 - Uniformed Services Pay and Allowances

Current through June 25, 2024
A. These types of
				income are broadly defined as follows:
1.
				Compensation to members of the Uniformed Services takes several forms, chiefly:
a) Basic or Base Pay;
b) Special and Incentive Pay; and c) Cash
				Allowances.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 9 - Sources and Treatment of Earned Income › Rule 23-104-9.9 - Income of Members of Religious Orders

Current through June 25, 2024
A. This type of
				income is treated as follows:
1. The existence
				of a vow of poverty is a factor in determining whether cash is considered wages
				or net earnings from self-employment.
2. The existence of a vow of poverty is also
				a factor in determining if payments made by a member to the order can be
				considered contributions for food, clothing, or shelter. The treatment of
				income to members of religious orders (nuns, monks, priests, etc.) who take a
				vow of poverty is determined by the source and nature of such income, as
				follows:
a) Cash or in-kind remuneration for
				members of religious orders who take a vow of poverty is considered wages if:
1) An individual receives compensation from
				the order as an active, working member of that order, whether or not the
				religious order has elected Title II coverage. e.g., an individual works at a
				hospital owned by the order.
2) An
				active, working member of a religious order receives compensation for
				performing services from an agency of the church supervising the order or from
				an affiliated institution, whether or not the religious order has elected Title
				II coverage, e.g., an individual teaches at a school which is an affiliate of
				the order's supervising church.
3)
				A member of a religious order receives compensation from a third party for
				services performed as an employee, e.g., an individual works for a private firm
				as a computer programmer.
b) Remuneration for members of religious
				orders who take a vow of poverty is considered earnings from self-employment
				only when a member engages in self-employment activity unrelated to his
				membership in the order, e.g., an individual writes articles for nature
				magazines on a free-lance basis.
c)
				Any income provided by the order to a member who has taken a vow of poverty,
				which does not fall under one of the above provisions is unearned income to the
				member even if turned over to the order.
d) Any income or resources turned over by the
				member to the order are considered to be in fulfillment of the vow of poverty
				and are not considered contributions for food, clothing, or shelter received
				from the order.
e) Unearned income
				received by a member from any source other than the order (such as a Title II
				or VA benefits) is income to the member even if the member turns it over to the
				order.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 10 - Income Computations and Deeming › Rule 23-104-10.1 - Income Computations

Current through June 25, 2024
A. Countable income
				is defined as follows:
1. Countable income is
				what remains after:
a) Eliminating all amounts
				that are not income; and
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 10 - Income Computations and Deeming › Rule 23-104-10.2 - Need Standards

Current through June 25, 2024
A. The appropriate
				need standard used to test income depends on the coverage group for which the
				client is applying.
B. Medicaid
				need standards are based on the following:
1.
				SSI Federal Benefit Rates (FBR) set by SSI policy and subject to increase in
				January of each year. SSI FBRs are used for SSI-related cases.
a) Countable income cannot equal or exceed
				the appropriate FBR for Medicaid eligibility.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 10 - Income Computations and Deeming › Rule 23-104-10.3 - Deemed Income

Current through June 25, 2024
A. Deeming is
				defined as follow:
1. The term "deeming"
				identifies the process of considering another person's income and resources to
				be available for meeting a Medicaid client's basic needs.
2. Deemed income and resources are attributed
				to an eligible individual whether or not they are actually made available, with
				the following restrictions:
a) Deeming only
				applies in household situations;
1) Deeming of
				income is not applied in the eligibility determination for either an
				institutional or community spouse and deemed income is never included in the
				Medicaid Income computation post-eligibility.
b) Income is only deemed from an ineligible
				spouse to an eligible spouse and from ineligible parent(s) to eligible child.
1) Deeming is based on the concept that a
				husband and wife (including "holding out" couples) and/or parents and child who
				live together have a responsibility for each other and share income and
				resources.
2) Both SSI and Medicaid
				regulations require deeming in household situations.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 10 - Income Computations and Deeming › Rule 23-104-10.4 - In-Kind Income

Current through June 25, 2024
A. In-kind income
				is defined as follows:
1. In-kind income is
				any income other than cash income.
a) To meet
				the definition of income, the in-kind item received by the individual must be:
1) Food or shelter; or
2) Something the individual can sell or
				convert to obtain food or shelter.
(a) If the
				in-kind item is neither food nor shelter, and it cannot be sold or converted to
				cash, then it is not income.
Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 104 - Income › Chapter 10 - Income Computations and Deeming › Rule 23-104-10.5 - In-Kind Items Received as Remuneration for Employment (SSI Categories Only)

Current through June 25, 2024
A. In-kind items may be provided as
				remuneration for employment, as follows:
1.
				Wages may include the value of food and/or shelter (ISM), or other items
				received in lieu of cash for individuals in SSI-related categories
				only.
2. In-kind payment of food or
				shelter to the following people or under the following conditions is unearned
				income:
a) Agricultural employees;
b) Domestic employees;
c) Service not in the course of the
				employer's trade or business;
d)
				Service by certain home workers;
e)
				Members of the Uniformed Services;
f) In the form of food and/or shelter which
				is on the employer's business premises for the employer's convenience and, if
				shelter, its acceptance by the employee is a condition of employment