Nebraska Administrative Code › Topic - HEALTH AND HUMAN SERVICES SYSTEM › Title 477 - MEDICAID ELIGIBILITY › Chapter 20 - DEFINITIONS PERTAINING TO NON-MODIFIED ADJUSTED GROSS INCOME (MAGI) PROGRAMS › Section 477-20-003 - DEFINITIONS

Current through June 17, 2024
The following definitions apply to 477 NAC 20 through 28:
003.01
ACHIEVING A BETTER LIFE
  EXPERIENCE (ABLE) ACCOUNT.
An Achieving a Better Life Experience
  (ABLE) Account is a special type of investment account under Section 529A of
  the Internal Revenue Code. These accounts are for individuals who have a
  medically determinable physical or mental impairment, which results in marked
  and sever functional limitation, and which can be expected to result in death
  or which has lasted, or can be expected to last for a continuous period of not
  less than 12 months. The accounts must be held at designated institutions and
  can only be used for qualified disability expenses, as defined by the Internal
  Revenue Code. All amounts remaining in an Achieving a Better Life Experience
  (ABLE) account are transferred to the state at the time the account holder
  dies.
003.02
AGED,
  BLIND, AND DISABLED (ABD).
A category of medical assistance for
  aged, blind, and disabled (ABD) persons who meet the appropriate criteria for
  assistance.
003.03
AGED.
A client who is 65 years old or older.
003.04
ANNUITY.
A
  prepaid investment which pays periodic, usually monthly, payments for a set
  period of time. Payments may begin immediately or at a future date.
003.05
ANNUITY
  TRANSACTION.
The purchase of an annuity, changing the annuity
  beneficiary, or annuitizing, which is authorizing the commencement of the
  pay-out period.
003.06
ASSETS.
Assets are all income and resources of an
  applicant or client and the spouse of an applicant or client, including income
  or resources to which the applicant or client or the spouse of the applicant or
  client is entitled but does not receive because of action or inaction by the
  applicant or client; the spouse of the applicant or client; a person or entity,
  including a court or administrative body with legal authority to act in place
  of, or on behalf of, the applicant or client or the spouse of the applicant or
  client; or, a person or entity, including a court or administrative body,
  acting at the direction or upon the request of the applicant or client or the
  spouse of the applicant or client.
003.07
AVAILABLE RESOURCES.
For the determination of eligibility, available resources include
  cash or other liquid assets, or any type of real or personal property or
  interest in property which the client owns and may convert into cash to be used
  for support and maintenance.
003.08
BLIND.
A category of eligibility for clients who are
  64 years old and younger and who are blind in accordance with program
  standards.
003.09
BURIAL INSURANCE.
Insurance policies in which the
  terms specifically provide proceeds can be used only to pay the burial expenses
  of the insured.
003.10
CASH SURRENDER VALUE.
Amount which the insurer will
  pay, usually to the owner, upon cancellation of the policy before death of the
  insured or before maturity of the policy.
003.11
CHILD.
For
  aged, blind, and disabled programs, a child is an individual aged 17 years or
  younger. For medically needy children, a child is an individual aged 18 or
  younger.
003.12
CLIENT.
An applicant or recipient of Medicaid. For the purposes of these
  regulations, a reference to a client may also refer to the person's guardian,
  legal representative, or authorized representative.
003.13
CONTRIBUTIONS OR CASH
  SUPPORT.
Verified payments paid to or for a Medicaid
  unit.
003.14
COUNTABLE
  INCOME.
The amount of income, after all appropriate disregards are
  applied, used to determine eligibility for medical assistance.
003.15
DISABLED.
A
  category of eligibility for clients who are 64 years old and younger and who
  are disabled as determined by the Social Security Administration or the State
  Review Team. An individual is disabled if he or she is unable to engage in any
  substantial gainful activity by reason of any medically determinable physical
  or mental impairment which can be expected to result in death or which has
  lasted or can be expected to last for a continuous period of not less than 12
  months. See Titles II and XVI of the federal Social Security Act, as amended,
  for further disability criteria.
003.16
EQUITY.
The
  fair market value of property minus the total amount owed on it.
003.17
ESSENTIAL PROPERTY.
Property or equipment owned solely by the client or the client's
  spouse in his or her name, or held in a partnership or corporation
  interest.
003.18
FACE
  VALUE.
Basic death benefit of the policy exclusive of dividend
  additions or additional amounts payable because of accidental death or under
  other special provisions. In determining the face value of a policy, the
  original face value of the policy is used.
003.19
FAIR MARKET
  VALUE.
The price an item of a particular make, model, size,
  material, or condition will sell for on the open market in the geographic area
  involved.
003.20
FORMER
  FOSTER CARE.
A client less than 26 years old who was in foster
  care under Nebraska or the tribe's responsibility and receiving Medicaid when
  he or she became eighteen (18) or nineteen (19) years old, or such higher age
  at which federal foster care assistance ends.
003.21
FORMER WARD.
An individual between the ages of 18 and 21 who has been discharged as a ward
  by the Department and who is in a continuing educational program.
003.22
GRANTOR OF A TRUST.
Any individual who creates a trust is the grantor of the trust. A
  grantor may be:
(A) An applicant or
  client;
(B) The spouse of an
  applicant or client;
(C) A person
  or entity, including a court or administrative body, with legal authority to
  act in place of, or on behalf of, the applicant or client or the spouse of the
  applicant or client; or
(D) A
  person or entity, including a court or administrative body, acting at the
  direction or on the request of the applicant or client or the spouse of the
  applicant or client.