Ohio Administrative Code › Title 5160:1 - Eligibility › Chapter 5160:1-3 - Medicaid for the Aged, Blind, or Disabled (ABD) › Section 5160:1-3-05.14 - Medicaid: resource exclusions

Current through all regulations passed and filed through July 1, 2024
(A)
								This rule
			 describes excluded resources for the purpose of determining medical assistance
			 eligibility for the aged, blind, or disabled.
(B)
								Resource
			 exclusions.
(1)
									Resources excluded by federal laws other than the Social
			 Security Act, in accordance with
			 20 C.F.R.
			 416.1236 (as in effect October 1, 2020),
			 unless otherwise noted. This list contains unspent income from exempt
			 sources:
(a)
										Agent orange settlement payments received on or after
			 January 1, 1989, under the Agent Orange Compensation Exclusion Act (
			 Pub.
			 L. No. 101-201 ).
(b)
										Restitution
			 payments under the Civil Liberties Act of 1988, to U.S. citizens of Japanese
			 ancestry and permanent resident Japanese non-citizens who were interned during
			 World War II, or their survivors, in accordance with
			 50
			 U.S.C. 4215 (as in effect October 1,
			 2020).
(c)
										Restitution payments under the Aleutian and Pribilof
			 Island Restitution Act in accordance with
			 50 U.S.C.
			 4236 (as in effect October 1,
			 2020).
(d)
										Payments to victims of Nazi
			 persecution.
(e)
										Payments received under the Radiation Exposure
			 Compensation Act of 1990 (
			 Pub.
			 L. No. 101-426 ).
(f)
										Austrian social
			 insurance payments, based in whole or in part, on wage credits paid under
			 paragraphs 500 to 506 of the Austrian General Social Insurance Act (as in
			 effect October 1, 2020).
(g)
										Payments received from the Dutch government as a result
			 of the Netherlands' Benefit Act for victims of persecution from 1940-1945
			 (Dutch acronym, WUV) (
			 Pub.
			 L. No. 103-286 ).
(h)
										Payments made to
			 Native Americans as listed in section IV of 20 C.F.R 416 subpart K appendix (as
			 in effect October 1, 2020).
(i)
										Payments from the
			 Ricky Ray Hemophilia Relief Fund Act of 1998 (
			 Pub.
			 L. No. 105-369 ) or payments made from any fund
			 established pursuant to a class settlement in the case of Susan Walker v. Bayer
			 corporation, 96-C-5024 (N.D. Ill).
(j)
										The first two
			 thousand dollars per calendar year received as compensation for participation
			 in clinical trials that meet the criteria detailed in section 1612(b)(26) of
			 the Social Security Act (as in effect October 1, 2020).
(k)
										Payments made for
			 supporting services or reimbursement of out-of-pocket expenses to volunteers
			 participating in corporation for national and community service (CNCS, formerly
			 ACTION) programs in accordance with
			 42
			 U.S.C. 1382a (as in effect October 1,
			 2020):
(i)
											AmeriCorps VISTA program; and
(ii)
											Special and
			 demonstration volunteer program; and
(iii)
											Retired senior
			 volunteer program (RSVP); and
(iv)
											Foster
			 grandparents program; and
(v)
											Senior companion program.
(l)
										Payments received
			 under the Energy Employees Occupational Illness Compensation Program Act of
			 2000 (
			 Pub.
			 L. No. 106-398 ). Interest received on any unspent
			 payment is a countable resource.
(m)
										Student financial
			 assistance received under the Higher Education Act of 1965 (as in effect
			 October 1, 2020) or bureau of Indian affairs is excluded from income and
			 resources, regardless of use:
(i)
											Pell grants; and
(ii)
											Student services
			 incentives; and
(iii)
											Academic achievement incentive scholarships;
			 and
(iv)
											Federal supplemental education opportunity grants;
			 and
(v)
											Federal educational loans (Stafford loans, William D.
			 Ford federal direct and direct PLUS loans, etc.); and
(vi)
											Upward bound;
			 and
(vii)
											Gear up (gaining early awareness and readiness for
			 undergraduate programs); and
(viii)
											State
			 educational assistance programs funded by the leveraging educational assistance
			 program; and
(ix)
											Work-study programs.
(n)
										Home energy
			 assistance payments or allowances in accordance with
			 20 C.F.R.
			 416.1157 (as in effect October 1,
			 2020).
(o)
										Contributions, matching funds, or interest in
			 individual development accounts (IDAs), either demonstration project or
			 TANF-funded, in accordance with
			 42
			 U.S.C. 604 (as in effect October 1,
			 2020).
(p)
										Veterans affairs payments made to or on behalf
			 of:
(i)
											Certain
			 Vietnam veterans' natural children, regardless of age or marital status, for
			 any disability resulting from spina bifida suffered by such children;
			 and
(ii)
											Certain Korea service veterans' natural children,
			 regardless of age or marital status, for any disability resulting from spina
			 bifida suffered by such children; and
(iii)
											The natural
			 children, regardless of age or marital status, with certain birth defects born
			 to a woman who served in Vietnam.
(q)
										Funds and
			 interest held in an account under the Stephen Beck, Jr., Achieving a Better
			 Life Experience (ABLE) Act of 2014 (
			 Pub. L. No.
			 113-295 ):
(i)
											A contribution to
			 an ABLE account by another individual or by a third party is neither income nor
			 a resource to the ABLE account holder. If the individual who made the
			 contribution later requests medical assistance for long-term care services, the
			 contribution will be evaluated in accordance with rule
			 5160:1-6-06
			 of the Administrative Code.
(ii)
											A distribution
			 from an ABLE account may be used to pay for a qualified disability expense
			 (QDE). A QDE is any expense related to the blindness or disability of the
			 individual and made for the benefit of the individual. QDEs include but are not
			 limited to:
(a)
												Education; and
(b)
												Housing;
			 and
(c)
												Transportation; and
(d)
												Employment
			 training and support; and
(e)
												Assistive technology; and
(f)
												Health;
			 and
(g)
												Prevention and wellness; and
(h)
												Financial
			 management and administrative services; and
(i)
												Legal fees;
			 and
(j)
												Expenses for ABLE account oversight and monitoring;
			 and
(k)
												Funeral and burial; and
(l)
												Basic living
			 expenses.
(iii)
											A distribution from an ABLE account with the intent of
			 paying for a QDE, except for housing, is excluded as income and will be
			 excluded as a resource while:
(a)
												The individual continues to maintain the ABLE account;
			 and
(b)
												The distribution is unspent; and
(c)
												The distribution
			 is identifiable even if commingled with nonexcluded funds; and
(d)
												The individual's
			 intent to use the distribution for a QDE, other than housing, has not
			 changed.
(i)
													If
			 the intent has changed and the individual spent the distribution for a non-QDE
			 or for housing, the distribution is counted as a resource for the month in
			 which the distribution was spent.
(ii)
													If the intent
			 has changed and the individual has decided to use the distribution for a
			 non-QDE or for housing, but has not yet spent the distribution, the retained
			 portion of the distribution is a countable resource the first day of the month
			 following the month in which the intent changed.
(iv)
											A
			 distribution from an ABLE account with the intent of paying for a non-QDE or
			 for a housing expense is:
(a)
												 Not countable income.
(b)
												A countable
			 resource if retained into the following month.