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Chapter: 1600 Assets Program: MSSI, SFP 2

Community spouse resource allowance policy applies to ICP, Institutional Hospice, iBudget, SMMC-LTC and PACE. Applicants who have spouses residing in the community or spouses who are not enrolled in HCBS, have a Community Spouse Resource Allowance (CSRA) subtracted from the couple’s total countable assets before comparing the institutionalized spouse’s countable assets to the $2,000 or $5,000 asset limit. The CSRA is an established amount that increases annually. 1640.0206 Verification of Assets (MSSI, SFP) Verification of all assets, except cash, is required when the total assets of the SFU are within $100 of the asset limit. The individual’s statement of the amount of cash is accepted. If it is clear from the individual’s statement that total assets exceed the limitation or if the individual is ineligible on another factor, assets need not be verified.

A signed Financial Information Release Form (CF-ES 2613) or a written permission to release financial records to the Department is required in the determination of eligibility for individuals applying for or receiving Medicaid, including those individuals whose assets are deemed to evaluate eligibility on the basis of age (65 or older), blindness or disability.

The exceptions to this are:

1. persons requesting ICP, Hospice, or HCBS (you must always verify except for the value of the first vehicle and any vehicle over seven years old); and 2. cases that receive an IRS hit. Verification in these cases must be handled in accordance with current policy, which requires a review of these hits. If there is a discrepancy, verification must be secured through a third party. 1640.0207 General Verification Rule (MSSI, SFP) On pending applications, if total assets are within $100 of the program asset limit in the earliest month of the eligibility period requested, it is necessary to obtain verification for the interim months. 1640.0300 ASSET OWNERSHIP AND AVAILABILITY (MSSI, SFP) Any individual who has the legal ability to dispose of an asset is considered the owner of the asset. The type of ownership (single or joint) of an asset determines to whom the asset is available and the value that is counted to the individual.

Individuals and their spouses must disclose their ownership interest in any annuity, including annuities that are not subject to the transfer of assets provision discussed in passage 1640.0609.03. 1640.0301 Joint Ownership (MSSI, SFP) Joint ownership exists when the legal right to dispose of an asset is shared by more than one individual. 1640.0302.01 Joint Ownership of Bank Accounts (MSSI, SFP) When an individual is a joint account holder who has unrestricted access to the funds in the account, you must presume all of the funds in the account are owned by the individual. This presumption is made regardless of the source of the funds.

If the individual alleges the funds in the account belong to someone else, you must allow the individual to submit evidence to challenge this presumption. If the challenge is successful, do not count the funds in the account as an asset to the individual for any month. If the challenge to the presumption of ownership is not successful, you must consider the funds as an asset to the