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

122 a. The burden is on the individual to prove by clear and convincing evidence that the asset was unavailable by virtue of being unknown by the recipient. b. Unknown assets shall not be deemed an overpayment pursuant to Section 8.065 of the Department’s regulations where the asset was unknown through no fault of the individual. c. If the previously unknown asset causes the individual to be ineligible, the individual may repay the Department from the excess resources to retain Medicaid eligibility. 8.100.5.F. Income Requirements 1. This section reviews how income is looked at for the ABD and Long Term Care Medical Programs and determining premiums for the Medicaid Buy-In Program for Working Adults with Disabilities. For more general income information and income types refer to the Medical Assistance General Eligibility Requirements Section 8.100.3. 2. Income for the ABD Medical Programs eligibility is income which is received by an individual or family in the month in which they are applying for or receiving Medical Assistance, or the previous month if income for the current month is not yet available to determine eligibility. 3. A self-declared common law spouse retains the same financial responsibility as a legally married spouse. Once self-declared as married under the common law, financial responsibility remains unless legal separation or divorce occurs. If two persons live together, but are not married to each other, neither one has the legal responsibility to support the other. This is not changed by the fact that the unmarried individuals may share a common child. 4. Earned income is countable as income in the month received and a countable resource the following month. Earned Income includes the following: a. Wages, which include salaries, commissions, bonuses, severance pay, and any other special payments received because of employment. b. Net earnings from self-employment.