Administrative Rules of Montana › Department 37 - PUBLIC HEALTH AND HUMAN SERVICES › Chapter 37.82 - MEDICAID ELIGIBILITY › Subchapter 37.82.10 - Medicaid for Workers With Disabilities › Rule 37.82.1002 - MEDICAID FOR WORKERS WITH DISABILITIES: DEFINITIONS

Current through Register Vol. 13, July 5, 2024
The following definitions apply to this subchapter:
(1) "Employed" means engaged in work for
				which the individual receives or seeks to receive income, either as an employee
				or as a self-employed person. An individual is considered to be employed only
				if Medicare and social security taxes are withheld from the income received for
				the work or, in the case of a self-employed individual, if the individual pays
				Medicare and social security taxes on any income received for the
				work.
(2) "Family" means the
				individual applying for or receiving Medicaid and any relative or relatives who
				reside with the individual and whose income and resources are deemed available
				to the individual pursuant to the supplemental security income (SSI)
				regulations in 20 CFR, part 416, subparts K and L, as amended through May 17,
				2010, which are adopted and incorporated by reference. 20 CFR part 416, subpart
				K, contains the SSI criteria for evaluating income, including the income of
				financially responsible relatives. 20 CFR, part 416, subpart L, contains the
				SSI criteria for evaluating resources, including the resources of financially
				responsible relatives. A copy of these federal regulations may be obtained from
				the Department of Public Health and Human Services, Human and Community
				Services Division, 111 N. Jackson Street, 5th Floor, P.O. Box 202925, Helena,
				MT 59620-2925.
(3) "Gross income"
				means an individual's income before any deductions or disregards provided in 20
				CFR, part 416, subpart K, are subtracted.
(4) "Income" has the meaning provided in 20
				CFR, part 416.1102 and 416.1103 as amended through May 17, 2010.
(5) "Indian" means any person who is a member
				of an Indian tribe.
(6) "Indian
				tribe" means any Indian tribe, band, nation, or other organized group or
				community, including any Alaskan native village or group or regional or village
				corporation as defined in or established pursuant to the Alaskan Native Claims
				Settlement Act, 43 USCS section 1601 et seq., that is recognized as eligible
				for the special programs and services provided by the United States to Indians
				because of their status as Indians.
(7) "Retirement or pension fund or plan"
				means a fund or plan specifically established and earmarked for the sole
				purpose of providing financial resources for a person who is retired from
				gainful employment or who is no longer employed by a particular employer.
				Examples of a retirement or pension fund or plan are 457 plans, conventional
				401(k) plans, SIMPLE 401(k) plans, employer-based defined benefit plans, Public
				Employee Retirement System (PERS) accounts for Montana state employees, thrift
				savings plan accounts for federal employees, section 403(b) plans, section
				501(c)(18) plans, Keogh plans, individual retirement accounts (IRAs), Roth
				IRAs, SIMPLE IRAs, simplified employee pension (SEP) plans, employee profit
				sharing plans, and cash balance plans.
53-6-113,
					 MCA; IMP,
					 53-6-131,
					 53-6-195,
					 MCA;