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 317:35-5-41.1 - Home/real property

Current through Vol. 41, No. 20, July 1, 2024
(a) Home property is
				  excluded from resources regardless of value unless the individual is applying
				  for long-term care services [See Oklahoma Administrative Code (OAC)
				  317:35-5-41.8(a)
				  (relating to eligibility for long-term care services)]. For purposes of the
				  home property resource exclusion, a home is defined as any shelter in which the
				  individual has an ownership interest and which is used by the individual as
				  his/her principal place of residence. The home may be either real or personal
				  property, fixed or mobile.
(1) Home property
				  includes all property which is adjacent to the home. Land is considered
				  adjacent even if separated by a boundary line, street, alley, highway, or
				  waterway.
(2) Property has a value
				  regardless of whether there is an actual offer to purchase. Verification of
				  home/real property value is established by collateral contacts with specialized
				  individuals knowledgeable in the type and location of property being
				  considered. Mineral rights and wind rights associated with the home property
				  are not valued separate from the surface.
(3) The home may be retained without
				  affecting eligibility during periods when it is necessary to be absent for
				  illness or other necessity. When it is determined that the member does not have
				  a feasible plan for and cannot be expected to return to his/her home, the
				  market value of the property is considered in relation to the resource. The
				  member is responsible for taking all steps necessary to convert the resource
				  for use in meeting current needs. If the member is making an effort to make the
				  resource available, a reasonable period of time is given [not to exceed ninety
				  (90) days] to convert the resource. He/she is advised in writing that the
				  ninety-day (90-day) period begins with the determination that the property be
				  considered in relation to the resource. The ninety-day (90-day) period is given
				  only if efforts are in progress to make the resource available. Any extension
				  beyond the initial ninety-day (90-day) period is justified only after
				  interviewing the member, determining that a good faith effort to sell is still
				  being made and failure to sell is due to circumstances beyond the control of
				  the member. A written notification is also provided to the member at any time
				  an extension is allowed. Detailed documentation in the case record is required.
(4) If the member fails or is
				  unwilling to take steps necessary to convert the resource for use in meeting
				  current needs, continuing eligibility cannot be established and the member is
				  advised as to the effective date of closure and of the right to receive
				  assistance when the resources are within the maximum allowable resources
				  provided other conditions of eligibility continue to be met.
(5) When a member sells his/her home with the
				  intention of purchasing another home or when an insurance payment for damage to
				  the home is received, a reasonable period of time is given to reinvest the
				  money in another home. A reasonable period of time is considered to not exceed
				  a ninety-day (90-day) period. Extensions beyond the ninety (90) days may be
				  justified only after interviewing the member; and determining that a good faith
				  effort is still being made; and that completion of the transaction is beyond
				  his/her control. This must be documented in the case record.
(6) At the point a member decides not to
				  reinvest the proceeds from the sale of his/her home in another home, the
				  member's plan for use of the proceeds is evaluated in relation to rules on
				  resources disposed of while receiving assistance.
(7) A home traded for another home of equal
				  value does not affect the member's eligibility status. If the home is traded
				  for a home of lesser value, the difference may be invested in improvement of
				  the new home.
(8) Absences from
				  home for up to ninety (90) days for trips or visits or six (6) months for
				  medical care (other than nursing facilities) do not affect receipt of
				  assistance or the home exclusion as long as the individual intends to return
				  home. Such absences, if they extend beyond those limits, may indicate the home
				  no longer serves as the principal place of residence.
(9) Mineral rights, associated with the home
				  property, are considered along with the surface rights and are excluded as a
				  resource.