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 317:35-5-41.9 - Exclusions from resources

Current through Vol. 41, No. 20, July 1, 2024
(a) The
				  following are excluded resources. In order for payments and benefits listed in
				  paragraph (b) and (c) to be excluded from resources, such funds must be
				  segregated and not commingled with other countable resources so that the
				  excludable funds are identifiable.
(b) Resources excluded by the Social Security
				  Act, in accordance with Section 416.1210 of Title 20 of the Code of Federal
				  Regulations (C.F.R.), unless otherwise noted:
(1) The home that is the principal place of
				  residence, as described at Oklahoma Administrative Code (OAC)
				  317:35-5-41.1;
(2) Household goods and personal
				  effects, as described at OAC
				  317:35-5-41(a)(5);
(3) One automobile, as described
				  at OAC
				  317:35-5-41.3;
(4) Property essential to
				  self-support:
(A) Property of a trade or
				  business which is essential to the means of self-support, as described at OAC
				  317:35-5-41.12(c);
(B) Nonbusiness property used to
				  produce goods or services essential to self-support, as described at OAC
				  317:35-5-41.12(c);
(C) Nonbusiness income producing
				  property, as described at OAC
				  317:35-5-41.12(c);
(5) Resources of a
				  blind or disabled individual which are necessary to fulfill an approved plan
				  for achieving self-support;
(6)
				  Stock in regional or village corporations held by natives of Alaska during the
				  twenty-year (20-year) period in which the stock is inalienable pursuant to the
				  Alaska Native Claims Settlement Act;
(7) Life insurance policies, as described at
				  OAC
				  317:35-5-41.2(b);
(8) Restricted allotted Indian
				  lands;
(9) Disaster relief
				  assistance provided under Federal law or by state or local government;
(10) Burial spaces, as described
				  at OAC
				  317:35-5-41.2(c);
(11) Burial funds, as described at
				  OAC
				  317:35-5-41.2(d);
(12) Irrevocable burial contracts
				  as described at OAC
				  317:35-5-41.2(e);
(13) Supplemental Security Income
				  (SSI) and Social Security retroactive payments for nine (9) months following
				  the month of receipt;
(14) Housing
				  assistance paid pursuant to:
(A) The United
				  States Housing Act of 1937;
(B)
				  The National Housing Act;
(C)
				  Section 101 of the Housing and Urban Development Act of 1965;
(D) Title V of the Housing Act of 1949;
(E) Section 202(h) of the Housing
				  Act of 1959;
(15)
				  Refunds of Federal income taxes and advances made by an employer relating to an
				  earned income tax credit for nine (9) months following the month of receipt;
(16) Payments received as
				  compensation for expenses incurred or losses suffered as a result of a crime;
(17) Relocation assistance for
				  nine (9) months beginning with the month following the month of receipt. The
				  assistance must be provided by a State or local government that is comparable
				  to assistance provided under Title II of the Uniform Relocation Assistance and
				  Real Property Acquisition Policies Act of 1970 that is subject to the treatment
				  required by Section 216 of that Act;
(18) Money in a dedicated account for
				  SSI-eligible individuals under age eighteen (18) that is required by
				  20 C.F.R. §
												416.640(e);
(19) Gifts to children under age eighteen
				  (18) with life-threatening conditions from an organization described at 26
				  United States Code (U.S.C.) §
											501(c)(3)
				  that is exempt from taxation under
				  26 U.S.C.
				  §
												501(a);
(20) Restitution of Social Security, SSI, or
				  a Special Benefit for World War II Veterans made because of misuse by a
				  representative payee, for nine (9) months following the month of receipt;
(21) Any portion of a grant,
				  scholarship, fellowship, or gift used or set aside for paying tuition, fees, or
				  other necessary educational expenses, for nine (9) months beginning the month
				  after the month of receipt;
(22)
				  Payment of a refundable child tax credit for nine (9) months following the
				  month of receipt;
(23) Any annuity
				  paid by a State to a person (or his or her spouse) based on the State's
				  determination that the person is:
(A) A
				  veteran (as defined in
				  38
				  U.S.C. §
													101) ; and
(B) Blind, disabled, or aged;
(24) The principal and income of
				  trusts complying with OAC
				  317:35-5-41.6(6).
				  See also
				  42
				  U.S.C. §
												1396p(d)(4);
(25) Workers' Compensation
				  Medicare Set Aside Arrangements (WCMSAs) which allocate a portion of the
				  workers' compensation settlement for future medical expenses; and/or
(26) For individuals with an Oklahoma
				  Long-Term Care Partnership Program approved policy, resources equal to the
				  amount of benefits paid on the insured's behalf by the long-term care insurer.
				  Said disregard is made at the time of application for long-term care services
				  provided by SoonerCare. The Oklahoma Insurance Department approves policies as
				  Long-term Care Partnership Program policies.