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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

120 c. Meet the financial requirements as described at 8.100.5.E. 8.100.5.D. Medical Assistance Estate Recovery Program 1. The eligibility site shall provide written information from the Department to the following people explaining the provisions of the Medical Assistance Estate Recovery Program and how those provisions may pertain to the applicant/client: a. Applicants age 55 and older who are institutionalized. b. Applicants/clients who will turn age 55 before their next eligibility re- determination who are institutionalized. c. Clients age 55 and older who are approved for admittance to an institution 8.100.5.E. Availability of Resources and Income Consistent with the legislative declaration outlined at C.R.S. § 25.5-4-300.4, Medicaid should be the payer of last resort for payment of medically necessary goods and services furnished to clients. All other sources of payment, including an individual’s own countable income and resources, should be utilized to the fullest extent possible before Medicaid is accessed. 1. Income, which includes earned and unearned income, shall be calculated on a monthly basis regardless of whether it is received annually, semi-annually, quarterly or weekly. 2. For married couples, the income and resources of both spouses are counted in determining eligibility for either or both spouses. Refer to section 8.100.7.C for exceptions. 3. Resources and income shall be considered available when actually available; or, shall be deemed available when all of the following apply to the resources or income of the individual or individual’s spouse: a. has any ownership interest in income or resources or equity value of a resource; b. has the right, authority, or power to convert the resource or income to cash or to cause the resource or income to be converted to cash; and