Mississippi Administrative Code › Title 23 - Division of Medicaid › Part 103 - Resources › Chapter 3 - Non-Countable Resources › Rule 23-103-3.9 - Exclusion of Personal Property

Current through June 25, 2024
A. Personal
				property includes automobiles, life insurance, household goods and personal
				effects and burial funds and certain burial arrangments and items, which may be
				subject to a full or partial exclusion. The exclusion applicable to each is
				discussed under this rule.
1. Exclusion of
				Automobiles.
a) An automobile is any
				registered or unregistered vehicle used for transportation. Vehicles used for
				transportation can be motorized, animal drawn or even an animal. A vehicle not
				used for transportation is not an automobile, but may be a countable resource.
				A temporarily inoperable vehicle normally used for transportation meets the
				definition of an automobile.
b) If
				an exclusion cannot be developed for a vehicle the current market value must be
				determined. The CMV is the average price an automobile of that particular year,
				make and model and condition would sell for on the open market (to a private
				individual) in the particular geographic area involved. The most recent NADA
				Official Car Guide or Older Car Guide may be used to determine the average
				trade-in value. If there is debt on the vehicle, determine the equity value.
1) If the client states the CMV is not
				representative of the value of the vehicle, he must be given the opportunity to
				provide a value rebuttal from another knowledgeable source, such as a used
				car/truck dealer, automobile insurance company, classic car appraiser,
				etc.
c) Examples of
				Automobiles:
1) Car or truck;
2) Boat;
3) Motorcycle;
4) All-terrain vehicle;
5) Horse-drawn carriage;
6) Horse.
d) The following are not vehicles for
				purposes of this exclusion:
1) Permanently
				inoperable (junk) vehicle;
2)
				Vehicle used exclusively for recreation, such as boats, motorcycles, RVs, dirt
				bikes, golf carts, etc. ;
3) Leased
				vehicles are not considered in the resource determination, as the individual
				does not own the vehicle.
e) Treatment of Vehicles Under SSI Resource
				Policy.
1) Effective April 2005, one
				automobile may be excluded, regardless of value, if is used for transportation
				of the individual, spouse and/or a household member.
(a) Unless there is evidence to the contrary,
				assume the vehicle is used for transportation.
(b) If multiple vehicles are involved, apply
				the exclusion in a way that is most advantageous to the applicant/recipient.
				That is, apply the exclusion to the vehicle with the greater value.
(c) For any vehicle that cannot be excluded
				wholly under this provision or another provision (e.g., property essential to
				self-support, etc.), the equity value is countable toward the resource
				limit.
(d) The equity value of junk
				cars and vehicles used only for recreation is a resource. The personal effects
				exclusion does not apply to such vehicles.
f) Treatment of Vehicles Under Liberalized
				Resource Policy.
1) Two vehicles may be
				excluded, regardless of value, if used for transportation of the individual,
				spouse and/or a household member.
2) Unless there is evidence to the contrary,
				assume the vehicles are used for transportation.
3) If multiple vehicles are involved. apply
				the exclusions in a way that is most advantageous to the applicant or
				recipient. That is, apply the exclusions to the vehicles with the greater
				equity value.
4) For any vehicle
				that cannot be excluded wholly under this provision or another provision (e.g.,
				property essential to self-support, etc.), the equity value is countable toward
				the resource limit.
5) Any car that
				is permanently inoperable (junk car) can be totally excluded as a
				resource.
6) Recreational vehicles
				are treated as personal property. The personal effects exclusion does not apply
				to such vehicles.