Mississippi Administrative Code

A. Property does not cease to be a resource simply because it has no current market value. Even though there is no value to count, the property remains a resource for as long as it meets the definition of a resource. If the property develops market value at a later time, this wil…

A. Any property (asset) that does not meet the above definition of a resource is not a resource, e.g., an individual who has an ownership interest in property, but is not legally able to transfer that interest to anyone else does not have a resource. B. Example: An individual own…

A. An individual may be unaware of his ownership of an asset. If this is the case, the asset is not a resource for the period during which the individual is unaware of his ownership. B. Once the asset is discovered by the individual, the value, including any monies accumulated on…

A. The value of a resource is the amount of an individual's or couple's equity in it. As indicated in the definitions section, the equity value (EV) of a resource is its current market value (CMV) less any encumbrance(s). The pay-off amount for each encumbrance on the property is…

A. When eligibility is determined or re-determined, the resources of the following must be considered: 1. Applicant/recipient; and 2. Spouse of the applicant/recipient; a) If the spouse is included in the household; b) Even if the spouse is not applying or is ineligible; c) An ex…

A. The following general principles about resources should be noted: 1. Not everything a person owns is a resource. 2. Not all resources count against the limit. 3. The Social Security Act and other Federal laws require certain types and amounts of resources to be excluded.a) If …

A. Federal law establishes a limit on the value of resources an individual or couple may own and still be eligible for Medicaid. B. Countable resources must not exceed the limit in effect for the applicable time period. C. Beginning 07-01-2000 ongoing: 1. The individual limit is …

A. The individual/couple linamits for groups subject to SSI resource limits remain $2,000/$3,000. Notes 23 Miss. Code. R. 103-1.5 Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).

A. SSI resource limits apply to the following coverage groups: 1. SSI Retro Determinations, a) Unless the client must be placed in a liberalized coverage group for the retroactive period. 2. Former SSI Recipient Coverage Groups, which include:a) Disabled Adult Child (DAC), b) Cos…

A. Liberalized resource limits apply to the following coverage groups: 1. Long Term Care coverage groups (LTC); 2. Home and Community Based Waiver groups (HCBS); 3. Poverty Level Aged and Disabled (PLAD); a) Program ended December 31, 2005. 4. Healthier Mississippi Waiver (HM); 5…

A. The reduced coverage groups for non-institutional individuals have or had a resource limit that is twice the SSI-related resource limit. 1. Under liberalized policy, the Medicare Savings Programs (QMB, SLMB, and QI) have no assets test. 2. The individual/couple limit for QWDI …

A. For Medicaid coverage groups considered to be institutional coverage groups, the following set of resource limits apply: 1. Effective 10-01-1989, Spousal Impoverishment resource rules apply to married couples whereby one spouse is in a medical facility while the other spouse r…

A. Conservators and legal guardians are court appointed and are usually court controlled. These types of legal arrangements are initiated when the competence of an individual is at issue. Technically, a legal guardian is appointed to serve over an individual and the individual's …

A. The Medicare Catastrophic Coverage Act of 1988 (MCAA) repealed the transfer of resources penalty for non-institutionalized individuals.1. New transfer of resources policy created under the MCAA applies only to institutionalized individuals as defined below, who transfer resour…

A. An encumbrance is defined as a legal obligation to pay a debt. 1. If an applicant/recipient's combined resources exceed the resource limit, the amount of any encumbrances is deducted from the Current Market Value (CMV) to determine the equity value of a resource. 2. The equity…

A. Effective October 1, 1989, eligibility can exist for an entire month when an individual or couple, subject to liberalized resource policy, meets the resource test during the month. B. The applicant is allowed to "spenddown" resources in a month to become eligible for that mont…

A. For SSI and Medicaid purposes, an individual's resources are deemed to include any resources of an ineligible spouse or ineligible parent(s). 1. Resources are deemed whether or not they are actually available. 2. Deeming only applies in household situations, i.e., it only appl…

A. Generally, resources must be verified for any month for which you must determine eligibility. For the following types of action, verify as follows: 1. Applications. a) Specifically, for initial applications, verify the value of resources for the month of application and each m…

A. Since the type and form of ownership may affect the value of real or personal property and even its status as a resource, ownership interests are significant in determining resource eligibility. Notes 23 Miss. Code. R. 103-2.1 Social Security Act §1902 (r)(2); 42 CFR §435.601(…

A. Only one person owns the property (real or personal) and may sell, transfer or dispose of the property. However, sole ownership may be subject to conditions imposed by others, such as sole ownership of a remainder interest in property. Notes 23 Miss. Code. R. 103-2.2 Social Se…

A. Two or more people own the property (real or personal) together. The different types of shared ownership are discussed below.1. Tenancy in Common.a) Two or more people have an undivided fractional interest in the whole property for the duration of the tenancy. These interests …

A. Relates only to real property; B. Means absolute and unqualified legal title to real property; C. Fee simple ownership is completely free of conditions imposed by others. D. The owner has the unconditional power of disposition during his lifetime. E. Upon the owner's death, pr…

A. Equitable Ownership. 1. Exists without legal title to property; 2. Legal title may belong to another or to no one; 3. Examples of equitable ownership include ownership in unprobated estates or trust property.a) Unprobated Estate. An individual may have an equitable ownership i…

A. Leasehold. 1. Does not designate rights of ownership, but conveys an individual control of the property so that he has use and possession for a specific period of time and usually for a specified rent, such as 16th section land leases. a) 16th Section Land. 16th section land o…

A. Homestead Rights 1. Under state law a surviving spouse (widow or widower) is entitled to the homestead on the real property used as the home at the time of the death of the spouse and to receive income from it for his lifetime. This is not a life estate interest in the propert…

A. Property ownership must be verified. Obtain a copy of the official document used to verify ownership and file it in the case record. The following official records may be used to establish real property ownership: 1. Current Deed. If the client does not have a copy of the curr…

A. Once ownership or ownership interest in property has been verified, the current market value (CMV) of the client's ownership interest is determined based on the coverage group of the applicant or beneficiary and whether Supplemental Security Income (SSI) or liberalized resourc…

A. Retirement funds are annuities or work-related plans that are designed to provide income when employment ends. These funds can be held with a company or held privately at a bank or other financial institution. Listed below are some examples: 1. Pensions, disability, or retirem…

A. The exclusion of property essential to self-support may apply to real or personal property. 1. All property must be in current use or, if not in use for reasons beyond the individuals control, there must be a reasonable expectation that the required use will resume. 2. The inc…

A. The Social Security Act authorizes the exclusion of income and resources of an individual who has a disability or is blind (but not aged) when the individual needs the income and resources to fulfill a Plan to Achieve Self-Support (PASS) approved by the Social Security Adminis…

A. The treatment of the following types of retained cash payments is discussed below: 1. Retroactive Supplemental Security Income (SSI) and Retirement, Survivors and Disability Insurance (RSDI). a) The unspent portion of retroactive SSI benefits and RSDI benefits is excluded from…

A. Otherwise excludable funds must be identifiable in order to be excluded. B. This does not require them to be separate from other funds (such as in a separate bank account). C. When withdrawals are made from co-mingled funds, the assumption is non-excludable funds are withdrawn…

A. The terms IRA and Keogh refer only to the type of retirement account and do not identify the underlying investment vehicle for the account, which may be a bank account, Certificate of Deposit, mutual fund, etc.1. If retirement benefits are being received out of such accounts, …

A. This section provides resource policies that primarily apply when the client or spouse is the creditor (lender or seller) and is, therefore, the owner of a loan agreement, promissory note or a property agreement. The principal amounts of these items are evaluated under appropr…

A. SSI policy when the individual is the seller or creditor:1. Obtain a copy of the agreement and assume, absent evidence to the contrary, that the written agreement is bona fide and negotiable. 2. A bona fide, negotiable agreement is a resource. The goods or money represented in…

A. For the borrower under both SSI and liberalized resource policy, if the agreement is bona fide and negotiable: 1. Cash paid by the lender to the borrower is not income; 2. However, cash retained (or property received) may be a resource to the borrower the month following the m…

A. Unprobated Estates. 1. Under SSI resource policy, an ownership interest in an unprobated state may be a resource if an individual: a) Is an heir of the deceased; or b) Receives income from the property; or c) Under state intestacy laws has acquired rights in the property due t…

A. Home Property Exclusion.1. An individual's home is property he has ownership interest in and is his principal place of residence; and 2. It may include the shelter he lives in, the land on which the shelter is located, and all buildings on the land.a) A principal place of resi…

A. Certain types of Indian-specific property are excluded from being considered as resources in determining Medicaid eligibility for an individual who is an Indian. These excluded resources include the following:1. Property Connected to the Political Relationship between Indian T…

A. Personal property includes automobiles, life insurance, household goods and personal effects and burial funds and certain burial arrangments and items, which may be subject to a full or partial exclusion. The exclusion applicable to each is discussed under this rule.1. Exclusi…

A. Cash is a countable resource. B. Cash is defined as money on hand that is in the form of coin or currency.1. Foreign currency or coins are cash to the extent they can be exchanged for U.S. currency. 2. Coin collections are not considered cash, even though they are a resource. …

A. This type of property is land and any permanent buildings/immovable objects attached to it that are not considered a principal place of residence. B. Generally, this type of property is a countable resource; however, an exclusion may be developed if there is a bona fide effort…

A. This is a state-sponsored investment program in which parents may fund accounts to pay for a child's college education. B. Parents are owners and the account is considered a resource. 1. Withdrawal for reasons other than to pay for qualified college education is subject to inc…

A. General. 1. Shares of stocks represent ownership in a business corporation. The term "stock" includes: a) Preferred stock, b) Warrants and rights; and c) Options to purchase stock: B. Treatment. 1. To determine value: a) Absent evidence to the contrary, assume each owner of a …

A. General. 1. A mutual fund is a company whose primary business is buying and selling securities and other investments. 2. Types of mutual funds include growth funds, income funds, balance funds, municipal bonds, money market funds, load funds, no load funds. B. Treatment1. Shar…

A. General. 1. A US Savings Bond is an obligation of the federal government, is not transferable and can only be sold back to the federal government. B. Treatment.1. Ownership Determination. a) The individual(s) in whose name the bond is registered is the owner and retains sole o…

A. General. 1. Corporate bonds are the obligation of a private corporation. Corporations sell bonds to raise capital. 2. There are two type of corporate bonds: a) Debentures are backed by the issuer's full faith and credit; and b) Mortgage-Backed bonds are backed by a lien on the…