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Medical Services Policy Manual, Section H

H 400 Post Eligibility

• An IS may not contribute more than the CSMIA unless under a court order, or unless a hearing officer has determined the CS needs income greater than the CSMNA. Refer to MS H-208. • If a court orders the IS to contribute a larger amount for the support of the CS, then the amount of support ordered by the court will be used instead of the CSMIA. Any amount ordered by a court will not be subject to the limit on the CSMNA. 5. Family Member Allowance (FMA) When There is a Spouse in the Home • A dependent family member may be entitled to an allowance. See MS Glossary for definition of dependent family member. • The FMA is computed for each dependent family member by deducting the family member’s income from the CSMNA and by dividing the result by three (3). • The FMA will only be deducted from the IS’s income to the extent that it is actually contributed by the IS. If the IS contributes an amount less than the FMA, only the actual amount contributed will be deducted from the IS’s gross income (that is, the actual contribution) will be deducted instead of the computed FMA. Refer to MS H-415. NOTE: A CS who is an SSI recipient, or who has children receiving SSI, will have the right to choose whether to accept a CSMIAor FMA. The result of accepting an allowance may be reduction or termination of SSI benefits and Health Care. A dependent family member receiving SSI (parent or sibling of the IS) will also be given the same choice. 6. Protected Maintenance Allowance for Dependent Children When There is No Spouse in the Home • In certain cases, an allowance may be given from the eligible individual's income for the protected maintenance of dependent children living in the home when there is no spouse in the home. • Eligibility for the individual in a facility must be established before consideration is given for protected maintenance. If there are dependent children under eighteen (18) years of age the combined income of the children must be less than the Medically Needy Income Level (MNIL) for the appropriate numberof children in the household to qualify for protected maintenance. Refer to MS O-710 for MNILs. • In addition to meeting the stated income limitations, the countable resources of the dependent children must be within the AABD resource limitations to qualify for protected maintenance.