Oklahoma Administrative Code › Title 317 - Oklahoma Health Care Authority › Chapter 35 - Medical Assistance for Adults and Children-Eligibility › Subchapter 5 - Eligibility and Countable Income › Part 5 - COUNTABLE INCOME AND RESOURCES › Section 317:35-5-41 - Determination of capital resources for individuals categorically related to aged, blind and disabled

Current through Vol. 41, No. 20, July 1, 2024
(a)
General.
The term capital resources is a general term representing
				  any form of real and/or personal property which has an available money value.
				  All available capital resources, except those required to be disregarded by law
				  or by policies of the Oklahoma Health Care Authority (OHCA) or Oklahoma
				  Department of Human Services (DHS) are considered in determining need. DHS
				  Appendix C-1, Schedule VIII establishes the allowable limit for nonexcludable
				  resources. Available resources are those resources which are in hand or under
				  the control of the individual.
(1) In
				  defining need, OHCA and DHS recognize the importance of a member retaining a
				  small amount of resources for emergencies or special need and has established a
				  maximum resource standard a member or family may hold and be considered in
				  need.
(2) Capital resources are
				  evaluated on a monthly basis in determining eligibility for an applicant for
				  medical services. An applicant is determined ineligible for any month resources
				  exceed the resource standard at any time during that month. When a member has
				  resources which exceed the resource standard, case closure action is taken for
				  the next possible effective date.
(3) State law is specific on the mutual
				  responsibility of spouses for each other. Therefore, if husband and wife are
				  living together, a capital resource and/or income available to one spouse
				  constitutes a resource and/or income to the other. When there is a break in the
				  family relationship and the husband and wife are separated, but not divorced or
				  legally separated, they constitute a possible resource to each other and this
				  possible resource is explored to determine what, if any, resource can be made
				  available. When a spouse is in a nursing facility, see Subchapters 9 and 19 of
				  this Chapter.
(4) Only the
				  resources of the child determined eligible for Tax Equity Fiscal Responsibility
				  Act (TEFRA) are considered in determining eligibility.
(5) Household goods and personal effects are
				  not considered capital resources. Household goods and personal effects are
				  defined as follows:
(A) Household goods are:
(i) Items of personal property, found in or
				  near the home, that are used on a regular basis; and/or
(ii) Items needed by the householder for
				  maintenance, use, and occupancy of the premises as a home.
(B) Personal effects are:
(i) Items of personal property ordinarily
				  worn or carried by the individual; and/or
(ii) Articles otherwise having an intimate
				  relation to the individual.
(C) Personal effects do not include items
				  that were acquired or are held for their value or as an investment. Such items
				  can include but are not limited to gems, jewelry that is not worn or held for
				  family significance, or collectibles.
(6) Each time that need is determined, gross
				  income and the equity of each capital resource are established. Equity equals
				  current market value minus indebtedness. The member may change the form of
				  capital resources from time to time without affecting eligibility so long as
				  the equity is not decreased in doing so or increased in excess of the allowable
				  maximum resource standard. In the event the equity is decreased as the result
				  of a sale or transfer, the reduction in the equity is evaluated in relation to
				  policy applicable to resources disposed of while receiving assistance.