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MEDICAL SERVICES POLICY MANUAL, SECTION E

E 516 Real Property Exclusions

Real Property Exclusions MS Manual 02/16/17 The following resource items qualify for special exclusions from resources when specific conditions are met. 1. Home The “home” is excluded as the principal place of residence as long as it is occupied by the individual, his spouse, or “dependent relative”; or, if unoccupied, as long as the individual states his intent to return to the home. a. The “home” is any shelter in which the individual (or spouse with whom the individual lives) has an ownership interest (e.g., title or life estate), and which is used by the individual (or spouse) as his principal place of residence. The home may be either real or personal property, fixed ormobile, and located on land or water. The home includes all contiguous land, the mineral rights for the land, and the buildings located on such land. Only one home can be considered the principal place of residence and qualify for exclusion.  NOTE:An individual with an equity interest in the home of greater than the home equity limit (Appendix R) is ineligible for nursing facility, PACE, and Home and Community Based services. This provision applies to the first determination of eligibility as well as future redeterminations. (Re. MS E-517). The limitation on home equity does not apply if the spouse of the individual, the individual’s children under the age of 21, or the individual’s child who is blind or has a disability is residing in the home. Farm or other business resources located on the home property (e.g., tractors, trailers, cars, other equipment, inventory, seed, livestock, etc.) cannot be included under the home property exclusion. These resources are considered personal property and will be included with countable resources unless they can qualify for exclusion under #2 of this policy section.  NOTE:Livestock is defined as any animal(s) kept for useor profit. Livestock includes poultry, catfish, minnows, worms, crickets, etc. b. A “dependent relative” is defined as a son, daughter, grandson, granddaughter, stepson, stepdaughter, in-law, mother, father, stepmother, stepfather, half- sister, half-brother, niece, nephew, grandmother, grandfather, aunt, uncle,