reglab/statecodes huggingface dataset:
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.10 - BASIS FOR DEFINING THE GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
Medicaid provides coverage for the following groups of
				  applicants/recipients who have received supplemental security income (SSI)
				  benefits and who have lost their SSI benefits for specified reasons.
A.
Pickle and 503 lead cases:
(1) Individuals who were entitled to SSI
				benefits and who subsequently lose eligibility for SSI solely due to the
				cost-of-living increase (COLA) in Title II benefits are automatically extended
				medicaid effective the month after the termination of SSI. These cases are
				referred to as 503 leads. See Public Law 94-566, Section 503 (also known as the
				"Pickle Amendment").
(2)
				Individuals who lose SSI eligibility for any reason other than the COLA
				increases (Pickle cases) may be entitled to medicaid if the following
				conditions exist:
(a) the reason for loss of
				SSI no longer exists; and
(b) the
				adjusted income after applying the applicable income disregards is below the
				current SSI income ceiling federal benefit rate (FBR).
(3) Individuals who received both Title II
				and SSI benefits after April 1977 and who lost SSI eligibility, but would still
				be eligible for SSI if the Title II COLAs were deducted from countable income
				are eligible for medicaid extension. See Lynch V. Rank, 747 F.2d. 528 (9th Cir.
				1984). These individuals must meet the requirements for SSI eligibility after
				the Title II COLAs are deducted.
(a) To
				determine the countable Title II income, deduct the Title II COLAs received
				after the last SSI eligibility period using the FBR table compared with the
				current SSI income ceiling. See 8.200.520 NMAC, Income Standards.
(b) The social security administration (SSA)
				office identifies applicants/recipients as "Pickle" or "503 lead" cases and the
				human services department (HSD) disseminates this information to the
				appropriate income support division (ISD) office. The income support division
				(ISD) worker approves the case effective the month after the SSI
				termination.
(c) After
				identification as a 503 lead or a Pickle case, the SSA office generates a
				notice to individuals advising them of their right to apply for
				medicaid.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.12 - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant/recipient must furnish his or her social
				  security number in accordance with
				  8.200.410.10
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.13 - CITIZENSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to Medical Assistance Program Manual Section
				  8.200.410.11
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.14 - RESIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants/recipients must be physically present in New
				  Mexico and have demonstrated intent to remain in the state. If an
				  applicant/recipient does not have the present mental capacity to declare
				  intent, a parent, guardian, or adult child may assume responsibility for the
				  declaration of intent. If an applicant/recipient does not have the present
				  mental capacity to declare intent and there is no guardian or relative to
				  assume responsibility for a declaration of intent, the state where the
				  applicant/recipient is living is recognized as the state of residence.
				  Temporary absence from the state does not prevent eligibility. A temporary
				  absence exists when an applicant/recipient leaves the state for a specific
				  purpose with a time-limited purpose and intends to return to New Mexico when
				  that purpose has been accomplished. Applicants/recipients who are eligible for
				  New Mexico medicaid are terminated if they move out of state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.15 - NONCONCURRENT RECEIPT OF ASSISTANCE

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for medicaid extension under the 503 leads and
				  Pickle group, an applicant/recipient must have been eligible for, and have
				  received, both Title II and SSI benefits concurrently in any month that he/she
				  is currently receiving Title II benefits.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.16 - SPECIAL RECIPIENT REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for medicaid extension, an applicant/recipient
				  must be aged, blind, or disabled as defined by the social security
				  administration (SSA). This determination is made by SSA prior to applicable for
				  medicaid extension.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.17 - AGE

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants/recipients for medicaid extension must meet the
				  age requirements as specified in
				  8.201.400.10
				  NMAC, Basis for Defining the Group.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.18 - RECIPIENT RIGHTS AND RESPONSIBILITIES

Current through Register Vol. 35, No. 13, July 16, 2024
An applicant/recipient is responsible for establishing
				  his/her eligibility for medicaid. As part of this responsibility, the
				  applicant/recipient must provide required information and documents or take the
				  actions necessary to establish eligibility. Failure to do so must result in a
				  decision that eligibility does not exist. An applicant/recipient must also
				  grant HSD permission to contact other persons, agencies or sources of
				  information which are necessary to establish eligibility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.19 - ASSIGNMENT OF MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
Refer to Medical Assistance Program Manual Subsection F of
				  8.200.420.12
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 400 - RECIPIENT POLICIES › Section 8.201.400.20 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
Medicaid applicant/recipients must report any change in
				  circumstances which may affect eligibility to the local income support division
				  (ISD) office within 10 days of the change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 420 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
The
				amended version of this part by
				New
				Mexico Register, Volume XXXV, Issue 12, June 25, 2024, eff.
				7/1/2024 is not yet
				available.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to the general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico medicaid program is administered pursuant to
				  regulations promulgated by the federal department of health and human services
				  under Title XIX of the Social Security Act, as amended, and by the state health
				  care authority pursuant to state statute. See Section 27-2-12 et seq. NMSA 1978
				  (Repl. Pamp. 1991). Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide eligibility
				  policy and procedures for the medicaid program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.10 - RESOURCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for medicaid extension, applicants/ recipients
				  must meet SSI resource standards. Recipients initially eligible for medicaid
				  extension under E01 status lose eligibility when their resources exceed the SSI
				  resource maximum. See
				  8.215.500.11 NMAC,
resource
				  standards,
for information on exclusions, disregards, and countable
				  resources.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.11 - RESOURCE TRANSFERS

Current through Register Vol. 35, No. 13, July 16, 2024
The social security administration excluded transfer of
				  resources as a factor of eligibility for non-institutionalized SSI recipients.
				  Transfer of resources is not a factor for consideration in categories that use
				  SSI methodology in the eligibility determination.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.12 - TRUSTS

Current through Register Vol. 35, No. 13, July 16, 2024
See 8.281.510 NMAC and following
				  subsections.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.13 - INCOME STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for medicaid extension, an applicant/
				  recipient must have countable income below the SSI FBR. See
				  8.215.500.18 NMAC,
income,
through
				  8.215.500.22 NMAC,
disregards
, for information on exclusions, disregards, and
				  countable income.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.14 - COMPUTATION OF COLA DISREGARDS IN PICKLE AND 503 LEADS CASES

Current through Register Vol. 35, No. 13, July 16, 2024
A. An applicant/
				recipient's countable income, after exclusion of the Title II COLAs received
				following SSI termination, must be less than the current SSI federal benefit
				rate (FBR).
B. To determine the
				total amount of the applicant/ recipient's Title II COLAs received since the
				applicant/recipient lost SSI, the following calculation must be completed:
(1) divide the current Title II amount by the
				percentage amount of the previous year's COLA;
(2) repeat this calculation for each Title II
				COLA benefit received after the applicant lost SSI; computations are based on
				the previous year's COLA and previous benefit; see
				8.200.520.12 NMAC,
COLA
				disregard computation
, of 503 leads and pickle cases;
(3) when the last computation is completed,
				the result is the Title II benefit amount the applicant/ recipient was
				receiving when they lost SSI;
(4)
				subtract this amount from the current Title II benefit amount; the result is
				the aggregate Title II COLAs the applicant/recipient received after losing SSI;
				and
(5) subtract the aggregate
				COLAs from the applicant/recipient's countable income to determine if the
				income is below the current SSI FBR.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.201.500.15 - DEEMED INCOME

Current through Register Vol. 35, No. 13, July 16, 2024
If an applicant/recipient is a minor who lives with a
				  parent(s), deemed income from the parent(s) must be considered. If an
				  applicant/ recipient is married and lives with a spouse, deemed income from the
				  spouse must be considered. See
				  8.215.500.21 NMAC,
deemed
				  income
, for information on deemed income. If an applicant/recipient
				  has a spouse or parent who receives Title II benefits, all COLAs received by
				  the spouse/parent since the applicant/ recipient lost SSI are deducted from the
				  spouse/parent's income before it is deemed to the
				  applicant/recipient.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to the general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico medicaid program is administered pursuant to
				  regulations promulgated by the federal department of health and human services
				  under Title XIX of the Social Security Act, as amended and by the state health
				  care authority pursuant to state statute. See Section 27-2-12 et seq. NMSA 1978
				  (Repl. Pamp. 1991). Section 9-8-1 et seq. NMSA 1978 establishes the health care
				  authority (HCA) as a single, unified department to administer laws and exercise
				  functions relating to health care facility licensure and health care purchasing
				  and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
January 1, 2019, or upon a later approval date by the federal
				  centers for medicare and medicaid services (CMS), unless a later date is cited
				  at the end of the section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide eligibility
				  policy and procedures for the medicaid program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.7 - DEFINITIONS: [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.9 - BENEFIT DESCRIPTION

Current through Register Vol. 35, No. 13, July 16, 2024
Applicants/recipients of medicaid extension receive the full
				  range of medicaid-covered services.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.10 - BENEFIT DETERMINATION

Current through Register Vol. 35, No. 13, July 16, 2024
Application for the medicaid extension is made on the
				  assistance application form. Applications must be acted on and notice sent to
				  the applicant of the action taken within 45 days after the date of application.
				  503 lead cases, disabled adult child (DACs), and ping-pongs nonpayment SSI
				  status (E01), SSI child cases, and SSI extension cases do not require a
				  separate application for initial processing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.11 - INITIAL BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
When an eligibility determination is made, notice of the
				  approval or denial is sent to the applicant. If the application is denied, this
				  notice includes the reason for the denial and an explanation of rights to an
				  administrative hearing.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.12 - ONGOING BENEFITS

Current through Register Vol. 35, No. 13, July 16, 2024
A periodic review is completed at least every 12
				  months.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.13 - SSI EXTENSION RETROACTIVE BENEFIT COVERAGE

Current through Register Vol. 35, No. 13, July 16, 2024
Retroactive medicaid coverage is provided in accordance with
				  8.200.400.14
				  NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 201 - MEDICAID ELIGIBILITY - MEDICAID EXTENSION (CATEGORY 01, 03 and 04) › Part 600 - RECIPIENT POLICIES -GENERAL RECIPIENT REQUIREMENTS › Section 8.201.600.14 - CHANGES IN ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
If a recipient becomes ineligible, advance notice of the
				  closure is sent by the ISD worker. If a recipient dies, the case is closed
				  effective the following month.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
The rule applies to the general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico medicaid program and other health care
				  programs are administered pursuant to regulations promulgated by the federal
				  department of health and human services under Title XIX of the Social Security
				  Act as amended or by state statute. See Section 27-1-12 et seq. NMSA 1978.
				  Section 9-8-1 et seq. NMSA 1978 establishes the health care authority (HCA) as
				  a single, unified department to administer laws and exercise functions relating
				  to health care facility licensure and health care purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
October 1, 2015, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of this rule is to provide specific
				  instructions when determining eligibility for the medicaid program and other
				  health care programs. Generally, applicable eligibility rules are detailed in
				  the medical assistance division (MAD) medical assistance programs (MAP)
				  eligibility manual, specifically 8.200.400 NMAC,
General Medicaid
				  Eligibility
. Processes for establishing and maintaining MAP
				  eligibility are detailed in the income support division (ISD) general
				  provisions 8.100 NMAC,
General Provisions for Public Assistance
				  Programs
.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.7 - DEFINITIONS

Current through Register Vol. 35, No. 13, July 16, 2024
A. "Full or partial
				financial responsibility" means a payment has been made by the children, youth
				and families department (CYFD) on behalf of the eligible recipient during each
				month for which MAP eligibility is sought. The nature of CYFD's financial
				responsibility must be documented. Documentation must include either the
				court-ordered placement or custody award, and CYFD payments made on behalf of
				the eligible recipient at the time of application and each subsequent periodic
				review.
B. "Private institutions"
				includes accredited and non-accredited residential treatment centers and group
				homes, and treatment foster care. Institutions specifically excluded from this
				definition are the youth diagnostic development center, New Mexico boys and
				girls schools and reintegration centers which are not certified to furnish
				medical care. A child placed in one of these facilities is not eligible for a
				MAP category of eligibility.
C.
				"Substitute care placement" includes placement in a foster home or private
				institution.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.8 - MISSION

Current through Register Vol. 35, No. 13, July 16, 2024
To reduce the impact of poverty on people living in New
				  Mexico by providing support services that help families break the cycle of
				  dependency on public assistance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.9 - MAP CATEGORY OF CYFD ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
A. MAD is required to furnish coverage to an
				eligible recipient under 18 years of age for whom adoption assistance or foster
				care maintenance payments are made under Title IV-E of the Social Security Act
				)
				42
				CFR Section 436.118 ).
B. MAD has opted to furnish coverage to an
				eligible recipient under 18 years of age who meets a MAP category of temporary
				assistance for needy families (TANF) eligibility requirements except for the
				definition of "dependent child" for whom CYFD has assumed full or partial
				financial responsibility (
				42
				CFR Section 436.222 ).
C. MAD furnishes extended coverage to an
				eligible recipient over 18 years of age but under 21 years of age who is
				receiving Chafee independent living assistance.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.10 - MAP CATEGORY OF PATIENT PROTECTION AND AFFORDABLE CARE ACT (ACA) ELIGIBILITY

Current through Register Vol. 35, No. 13, July 16, 2024
MAD furnishes extended coverage under the Patient Protection
				  and Affordable Care Act (ACA) to a former foster care recipient up to 26 years
				  of age regardless if he or she also meets a MAP category of other adult
				  eligibility when:
A. the applicant or
				recipient is a current resident of New Mexico; and
B. the applicant or recipient was in a
				medical assistance program in New Mexico or any other state at the time he or
				she turned 18 years of age or aged out of his or her foster care system;
				and
C. the applicant is not
				receiving supplemental security income (SSI).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.11 - BASIS FOR DEFINING THE GROUP

Current through Register Vol. 35, No. 13, July 16, 2024
An eligible recipient 18 years of age or under can be
				  eligible for a MAP category of CYFD eligibility if New Mexico bears full or
				  partial responsibility for the eligible recipient and makes a payment on behalf
				  of him or her. An eligible recipient 18 years of age or under will be assigned
				  one of the following MAP categories of eligibility.
A.
Category 017:
The eligible
				recipient resides in New Mexico and receives a Title IV-E adoptive subsidy from
				another state.
B.
Category
				037:
The eligible recipient resides in New Mexico and receives a Title
				IV-E adoptive subsidy from New Mexico.
C.
Category 046:
The eligible
				recipient resides out-of-state and receives a Title IV-E foster care payment
				from New Mexico. A MAP card is issued by the state in which the eligible
				recipient resides.
D.
Category 047:
The eligible recipient currently resides out-of-state and
				receives a Title IV-E adoption subsidy payment. MAP is issued by the state in
				which the eligible recipient resides.
E.
Category 066:
The eligible
				recipient is in the child protective service component of CYFD and is IV-E
				eligible or is from a home that meets TANF eligibility requirements.
F.
Category 086:
The eligible
				recipient resides in New Mexico, is in the custody of another state and
				receives Title IV-E foster care payment from that state.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.12 - LIVING ARRANGEMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for CYFD medicaid, an individual must be under
				  18 years of age and must be in a substitute care placement or temporarily in a
				  medical facility with an ultimate plan to be placed in substitute care
				  arrangement.
A.
Removal from
				home:
An individual who is in the custody of his or her parent or
				guardian is not eligible for medicaid. When a CYFD medicaid eligible recipient
				is returned to his or her parent or guardian's custody, CYFD medicaid is
				terminated.
B.
Release from
				jurisdiction of non-Title XIX facility:
An eligible recipient who is
				released from the jurisdiction and control of the correctional system for whom
				CYFD has full or partial financial responsibility and is in a substitute care
				placement can be eligible for CYFD medicaid beginning the first of the month
				after release from the correctional system if all other eligibility criteria
				are met.
(1)
Permanent release from
				jurisdiction requirements:
An individual living in a correctional
				facility or under the jurisdiction and control of the correctional system is
				not eligible for MAD services. This includes an individual temporarily released
				from a correctional facility for the sole purpose of receiving medical
				treatment.
(2)
Documentation
				of release:
To document that the individual is no longer under the
				jurisdiction and control of the correctional system, the individual must be
				permanently released from the correction facility and the court or parole order
				must specify the following:
(a) the individual
				is in the custody of CYFD; or
(b)
				CYFD is required to make monthly payment for the care, maintenance and medical
				treatment of the individual; in addition, the individual must receive or be
				evaluated for (or both) the receipt of long-term medical treatment.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.13 - ENUMERATION

Current through Register Vol. 35, No. 13, July 16, 2024
See 8.200.410 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.14 - CITIZENSHIP

Current through Register Vol. 35, No. 13, July 16, 2024
See 8.200.410 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.15 - RESIDENCE

Current through Register Vol. 35, No. 13, July 16, 2024
See 8.200.410 NMAC.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.16 - AGE

Current through Register Vol. 35, No. 13, July 16, 2024
To meet the requirements for a MAP category of CYFD
				  eligibility, an applicant or re-determining recipient must be under 18 years of
				  age, except as outlined in Section 9 and 10 of this rule.
A.
Students under 19:
When an
				eligible recipient reaches 18 years of age, he or she loses MAP eligibility
				unless (1) he or she is a full-time student in a secondary school or its
				equivalent and (2) he or she is expected to complete the program before
				reaching 19 years of age. In such cases, his or her MAP category of CYFD
				eligibility is terminated when he or she leaves school or upon his or her
				19th birthday, whichever comes first. School
				attendance must be verified each semester as part of the recipient's MAP
				re-determination process.
B.
Proof of age:
The following documents constitute primary evidence of
				age:
(1) birth certificate;
(2) adoption papers or records;
(3) hospital or clinic records;
(4) church or baptismal records;
(5) bureau of vital statistics or local
				government records;
(6) United
				States passports or immigration and naturalization service's records;
(7) American Indian census reports;
				or
(8) birth records maintained by
				the social security administration (SSA).
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.17 - ASSIGNMENT OF MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
MAD has established requirements of CYFD when the applicant
				  or re-determining recipient meets a MAP category of CYFD eligibility; see
				  8.200.420 NMAC.
A.
CYFD
				requirements:
The authorized representative of CYFD who signs the MAP
				eligibility application on behalf of the applicant or re-determining recipient
				must notify MAD of any available third-party medical coverage.
B.
CYFD responsibilities for
				cooperation with HSD child support enforcement division (CSED):
CYFD is
				responsible for cooperating with CSED activities which include:
(1) identifying and locating the absent
				parent(s) of the eligible recipient receiving MAD services;
(2) establishing paternity of the applicant
				whose parents were not legally married at the time of his or her
				birth;
(3) obtaining child and
				medical support for the applicant or re-determining recipient;
(4) identifying and providing information
				necessary to pursue third-party health coverage; and
(5) developing procedures for referrals and
				determination of good cause for not pursuing child support or not requiring
				cooperation in pursuing such support.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.18 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
When an applicant or re-determining recipient is approved for
				  a MAP category of CYFD eligibility, the authorized CYFD representative must
				  report within 10 calendar days any known change in the eligible recipient's
				  circumstances which may affect his or her continued
				  eligibility.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.19 - ASSIGNMENT OF MEDICAL SUPPORT

Current through Register Vol. 35, No. 13, July 16, 2024
MAD has established special requirement rules. See 8.200.420
				  NMAC.
A.
CYFD
				requirements:
The authorized representative of CYFD who signs the MAD
				eligibility application on behalf of the applicant or re-determining recipient
				must notify MAD of any available third party medical coverage.
B.
CYFD responsibilities for
				cooperation with HSD child support enforcement division (CSED):
CYFD is
				responsible for cooperating with CSED activities which include:
(1) identifying and locating the absent
				parent(s) of the eligible recipients receiving MAD services;
(2) establishing paternity of children born
				out of wedlock;
(3) obtaining child
				and medical support for the child;
(4) identifying and providing information
				necessary to pursue third party health coverage; and
(5) developing procedures for referrals and
				determination of good cause for not pursuing child support or not requiring
				cooperation in pursuing such support.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 400 - RECIPIENT REQUIREMENTS › Section 8.206.400.20 - REPORTING REQUIREMENTS

Current through Register Vol. 35, No. 13, July 16, 2024
For all eligible recipients who receive medical assistance
				  program services through CYFD, any change in an eligible recipient's
				  circumstances which affect his or her eligibility must be documented and acted
				  upon by the CYFD authorized representative within 10 calendar days of CYFD
				  receiving notice of the change.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.1 - ISSUING AGENCY

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Health Care Authority.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.2 - SCOPE

Current through Register Vol. 35, No. 13, July 16, 2024
This rule applies to the general public.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.3 - STATUTORY AUTHORITY

Current through Register Vol. 35, No. 13, July 16, 2024
The New Mexico medicaid program is administered pursuant to
				  regulations promulgated by the federal department of health and human services
				  under Title XIX of the Social Security Act, as amended, and by the state health
				  care authority pursuant to state statute. See Section 27-2-12 et. seq. NMSA
				  1978 (Repl. Pamp. 1991). Section 9-8-1 et seq. NMSA 1978 establishes the health
				  care authority (HCA) as a single, unified department to administer laws and
				  exercise functions relating to health care facility licensure and health care
				  purchasing and regulation.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.4 - DURATION

Current through Register Vol. 35, No. 13, July 16, 2024
Permanent.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.5 - EFFECTIVE DATE

Current through Register Vol. 35, No. 13, July 16, 2024
July 1, 2024, unless a later date is cited at the end of a
				  section.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.6 - OBJECTIVE

Current through Register Vol. 35, No. 13, July 16, 2024
The objective of these regulations is to provide eligibility
				  policy and procedures for the medicaid program.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.7 - DEFINITIONS [RESERVED]

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.8 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.9 - RESERVED

Current through Register Vol. 35, No. 13, July 16, 2024
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.10 - RESOURCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
To be eligible for CYFD medicaid, the value of all countable
				  personal and real property, considered belonging to or available to an
				  applicant/recipient under 18 years of age or 21 years of age in expanded foster
				  care medicaid category 006 or 066 cannot exceed $1,000. If an
				  applicant/recipient owns resource or saving in excess of this amount, they are
				  not eligible for CYFD medicaid.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.11 - APPLICABLE RESOURCE STANDARDS

Current through Register Vol. 35, No. 13, July 16, 2024
The authorized representative from CYFD who completes the
				  application on behalf of the applicant/recipient must initiate all appropriate
				  steps to make available property or resources to which the applicant/recipient
				  may be entitled. Normally, individuals under 18 do not own/control property.
				  Property that is held or controlled on behalf of an applicant/recipient is
				  considered available unless some specific provision in the title to the
				  property precludes it availability.
A.
				Property not readily marketable: Even property that is not marketable must be
				assessed in the eligibility determination and is subject to transfer
				restrictions and penalties.
B.
				Property share owned: The current value of property which must be partitioned
				to be accessible is not considered available if the net value after estimated
				costs of partition and other closing costs is less than the resource limit. If
				the amount likely to be derived from the sale of the applicant/recipient's
				share of the property exceeds the resource limit, they must initiate attempts
				to obtain their share of the property.
C. Property owned by parent: The value of
				property owned by the parent who does not live with the applicant/recipient is
				not considered available to the applicant/ recipient.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.12 - COUNTABLE RESOURCES

Current through Register Vol. 35, No. 13, July 16, 2024
Countable resources include but are not limited to the
				  following:
A. cash value of life
				insurance policy owned by the applicant/recipient;
B. cash, bank accounts and other readily
				negotiable assets owned by the applicant/recipient are countable
				resources;
C. equipment, tools, and
				motor vehicles (which do not fit the vehicle exemption);
D. livestock; and
E. asset conversion; money received from
				one-time or sporadic sales of real or personal property such as crops, rugs, or
				jewelry is considered a resource if the property is not sold or transferred in
				connection with a business of selfemployment activity.
(1) Actual verified expenses associated with
				the purchase, sale, or production of the property are deducted from money
				received from the sale to arrive at the net resource value.
(2) Property converted into money is subject
				to the resource limitation regardless of whether it was fully or partially
				exempt prior to conversion.
New Mexico Administrative Code › Title 8 - SOCIAL SERVICES › Chapter 206 - MEDICAID ELIGIBILITY - CYFD CHILDREN (CATEGORIES 006, 017, 037, 046, 047, 060, 061, 066 and 086) › Part 500 - INCOME AND RESOURCE STANDARDS › Section 8.206.500.13 - RESOURCE EXCLUSIONS

Current through Register Vol. 35, No. 13, July 16, 2024
Certain resources are excluded from the resource
				  computation.
A. Vehicle exclusion: The
				equity value of one vehicle belonging to the applicant/recipient or in their
				name, is not considered a countable resource if the value of the vehicle is
				$1,500 or less. Any excess over $1,500 is a countable resource. The value of
				any apparatus for the handicapped which is installed on the vehicle is also
				excluded.
B. Income exclusion: Any
				income which is excluded under income provisions is also excluded from
				consideration as a resource. Excluded income which is saved must be kept
				separate from non-excluded savings.
C. Settlement fund payment exclusion:
				Payments received from the Radiation Exposure Compensation Act is excluded.
				Payments made under the Agent Orange Settlement Act is also excluded. Payments
				by the remembrance, responsibility and the future foundation to individual
				survivors forced into slave labor by the Nazis are excluded.
D. Earned income tax credit payment
				exclusion: Earned income tax credit payments are not considered resources until
				the third month after receipt of the payment.
E. Funeral agreement exclusion: The equity
				value of funeral agreement(s) owned by the applicant/recipients which do not
				exceed $1,500 are excluded.
F.
				Contingent and unliquidated claim exclusion: "Contingent and unliquidated
				claim" is defined as a yet unnamed right of the applicant/recipient to receive,
				at some future time, a resource such as an interest in an unprobated estate or
				damages/compensation from an accident or injury. These claims are excluded if
				the applicant/recipient can demonstrate that they have consulted an attorney or
				that under the circumstances it is reasonable not to have consulted an attorney
				but that they are making effort to prosecute their claim or to proceed with the
				probate. If the applicant/recipient can demonstrate that their share in an
				unprobated estate would be less than the expense of the proceeding to probate
				the estate, the value is not considered a resource.
G. Chafee medicaid: All resources belonging
				to recipients of chafee medicaid who are between 18 and 21 years of age are
				excluded.