Page 129

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

129 1. All aliens who apply for OAP on or after April 16, 1988, for three years after the date of admission into the United States, shall have the income and resources of their sponsors other than relatives deemed for their care. Refer to the Medical Assistance General Eligibility Requirements section 8.100.3.K for specific information on deeming of income and resources. 8.100.5.H. Income Allocations and Disregards 1. The following income allocations and disregards are only applicable to SSI related, OAP, Medicare Savings Programs (MSP), the Medicaid Buy-In Program for Children with Disabilities and the Medicaid Buy-In Program for Working Adults with Disabilities. These allocations and disregards are not applicable to the HCBS waivers or the LTC programs. For the Medicaid Buy-In Program for Working Adults with Disabilities, the applicant’s spouse’s income does not count toward the applicant. a. Income of spouses living together is considered mutually available for SSI related, OAP, and Medicare Savings Programs (MSP). b. For a person living in the household of another and not paying shelter costs, one third of the Federal Benefit Rate (FBR) is counted as in-kind income and is added to the countable income. This does not apply to unemancipated children. 2. For the purposes of this rule, the following definitions apply: a. unemancipated child is: i) a child under age 18 who is living in the same household with a parent or spouse of a parent, or ii) a child under age 21 who is living in the same household with a parent or spouse of a parent, if the child is regularly attending a school, college, or university, or is receiving technical training designed to prepare the child for gainful employment.