Rhode Island Code of Regulations › Title 210 - Executive Office of Health and Human Services › Chapter 40 - Medicaid for Elders and Adults with Disabilities › Subchapter 00 - Integrated Coverage Groups › Part 3 - Medicaid Integrated Health Care Coverage, SSI Financial Eligibility Determinations › Section 210-RICR-40-00-3.8 - Federally Mandated Exclusions

Current through June 14, 2024
A. The following is
				  a list of federally mandated exclusions based on whether or not they are
				  identifiable:
Federally Mandated Resource
								  Exclusions
Identifiable and Excluded Indefinitely (unless
								  otherwise indicated)
Agent Orange Settlement Fund payments
Blood Product Settlement payments
Corporation for National and Community Service
								  (CNCS) payments. Payments to volunteers, including the following payments
								  authorized under the Domestic Volunteer Services Act, Pub. Law 93-113, are
								  excluded:
AmeriCorps
Urban Crime Prevention Program
Special Volunteer Programs under Title I
Demonstration Programs under Title II
Senior Corp:
Retired Senior Volunteer Program (RSVP)
Foster Grandparent Program
Senior Companions
Individual Development Accounts (IDA)
Japanese and Aleutian Restitution
								  payments
Jensen Settlement Agreement payments. Payments
								  received by class members are excluded. Funds received under this agreement
								  from countable resources at the time of application and at each renewal are
								  deducted.
Low Income Home Energy Assistance Program
								  (LIHEAP) payments
Nazi Persecution payments
Radiation Exposure Compensation Trust Fund
								  (RECTF) payments
Real estate taxes, homeowner's insurance and
								  funds set aside for upkeep expenses of the property. Up to one (1) year's
								  expenses are excluded. Funds must be kept in a separate account.
Relocation Assistance payments,
								  Federal
Ricky Ray Hemophilia Relief Fund
								  payments
Student financial aid received under Title IV of
								  the Higher Education Act (HEA) Pub. Law 89-329, or Student financial aid
								  received from the Bureau of Indian Affairs (BIA)
Non-Title IV and non-BIA grants, scholarships,
								  fellowships and other non-loan financial aid, if used or set aside to pay
								  educational expenses until the month following the last month the student is
								  enrolled in classes
Distributions from a Coverdell Educational
								  Savings Accounts (ESA) if the funds are used for educational expenses
Excluded for the designated beneficiary of the
								  account for nine (9) months following the month of receipt of a
								  distribution
Excluded for anyone who is not a beneficiary who
								  contributes money to the account beginning the month after the month the funds
								  are transferred into the account
Excluded, due to being a conversion of a
								  resource, for a contributor who is the designated beneficiary beginning with
								  the month after the month the cash is transferred into the account
Veteran's Affairs (VA) benefits designated as
								  educational assistance both undergraduate and graduate students until the month
								  following the last month the student is enrolled in classes
Plan to Achieve Self Support (PASS) student
								  financial aid
Training expenses paid by the Trade Act of 1974,
								  Pub. Law 93-618
Qualified Tuition Programs (QTP), also known as a
								  529 Plans, for the designated beneficiary (the student or future student) who
								  is not the owner of the account and does not have any rights to the funds in
								  the account
Tribal payments and interests. The following
								  tribal resources are excluded:
Tribal trust or restricted lands, individual
								  interest
Tribal per capita payments from a tribal
								  trust
Tribal land settlements and judgments
Uniform Gift to Minors Act/Uniform Transfers to
								  Minors Act,  Pub. Law 107-210, (UGMA/UTMA)
The full value of resources established under the
								  UGMA/UTMA is excluded.
An adult designated to receive, maintain and
								  manage custodial property on behalf of a minor beneficiary is not the owner of
								  UGMA/UTMA resources because the adult cannot legally use any of the funds for
								  their support and maintenance.
When the UGMA/UTMA property is transferred to a
								  beneficiary at the end of the custodianship (usually at the age of eighteen
								  (18) or twenty-one (21) depending on State law) the property becomes available
								  to the beneficiary. It is counted as income in the month of transfer and as a
								  resource in the following month.
Veterans' Children with Certain Birth Defects
								  payments
Vietnamese Commando Compensation Act,  Pub. Law 104-210, payments
Excluded Resources Regardless of Identifiability
								  (unless otherwise noted)
Adoption Assistance payments are excluded in the
								  month of receipt and thereafter.
Accrued Interest on resources is excluded if any
								  excess is properly reduced at eligibility redetermination.
Alaska Native Claims Settlement Act (43 U.S.C. §§
																	1601 - 1624) (ANCSA) payments
Appeal Payments are excluded as resources in the
								  month received and for three (3) months after the month of receipt.
Clinical trial participation payments excluded by
								  SSI. The first two thousand dollars ($2,000.00) a person receives during a
								  calendar year is excluded.
Cobell Settlement for American Indians for a
								  period of twelve (12) months beginning with the month of receipt. This
								  exclusion applies to all household members.
Crime victim payments
Disaster assistance, Federal payments
Disaster assistance, State payments
Filipino Veterans Equity Compensation (FVEC)
								  payments
Foster Care payments
Gifts to Children with Life Threatening
								  Conditions from 501(c)(3) tax-exempt corporation. These are not considered
								  resources of a parent and apply only to children who are under age eighteen
								  (18).
Cash gifts up to two thousand dollars ($2,000.00)
								  in any calendar year are excluded. The amount of total cash payments that
								  exceed two thousand dollars ($2,000.00) each year are counted as a
								  resource.
Multiple cash gifts in the same calendar year are
								  added together and up to two thousand dollars ($2,000.00) of the total is
								  excluded, even if none of the cash gifts exceeds two thousand dollars
								  ($2,000.00) individually.
Homestead real property
Household goods and personal effects
James Zadroga 9/11 Health and Compensation Act of
								  2010,  Pub. Law 111-347
Kinship payments
Proceeds from the sale of a homestead are
								  excluded if a person:
Plans to use the proceeds to buy another
								  homestead, and
Does so within three (3) full calendar months of
								  receiving the funds
Reimbursements for replacement of lost, damaged
								  or stolen excluded resources are excluded for the month of receipt and nine (9)
								  months thereafter. The funds are excluded for up to nine (9) more months if the
								  person tries to replace the resources during that time but cannot do so for
								  good reason.
Representative Payee Misuse payments. If a
								  person's Supplemental Security Income (SSI), Retirement, Survivors and
								  Disability Insurance (RSDI) benefits, or Veterans Benefits for the Elderly are
								  reissued because an individual representative payee misuses benefits, the
								  reissuance is excluded as a resource for nine (9) months if retained after the
								  month of receipt.
Retroactive RSDI and SSI benefits are excluded
								  for the nine (9) calendar months following the month in which the person
								  receives the benefits. Any accrued interest on that account is counted as
								  income in the month received and as a resource in the following
								  months.
State Annuities for Certain Veterans
Relocation payments, State and local
Tax credits, rebates, and refunds are excluded
								  for twelve (12) months after the month of receipt
Term life insurance