Page 35

Chapter: 1800 Income Program: MSSI, SFP 31 When excluded funds are combined with non-excluded assets or converted from a liquid to a nonliquid form, the exclusion from assets no longer applies. 1840.0918 German/Japanese/Aleutian Payments (MSSI, SFP) German reparation and Japanese and Aleutian restitution payments are excluded as income. 1840.0922 Crime Victim Compensation Program (MSSI, SFP) Exclude payments received under this program that offers compensation to victims and survivors of victims of criminal violence, including drunk driving and domestic violence (P.L. 103-322). 1840.0924 Earned Income Tax Credit and Child Tax Credit (MSSI, SFP) Payments from federal income taxes for earned income tax credit and child tax credit, including any retroactive payments, are excluded as income in the determination of eligibility. 1840.0932 Netherlands/Austrian Reparations Payments (MSSI, SFP) Netherlands reparation payments based on Nazi persecution during WWII are excluded as income. Austrian reparation payments made under Sections 500-506 of the Austrian General Social Insurance Act are excluded as income. 1840.0933 Factor VIII or IX Concentrate Blood Products Litigation (MSSI, SFP) Factor VIII or IX Concentrate Blood Products Litigation involved hemophilia patients who contracted the HIV virus from contaminated blood products. Under Public Law 105-32, Section 4735, payments made to class members under this settlement are excluded as income or resources when determining either eligibility for or the amount of benefits received under the Medicaid Program. These funds are excluded as resources as long as they remain separately identifiable and not commingled with other funds.

Individuals who receive such a settlement will need to identify themselves and provide proof of this payment in order to have the income excluded. The manufacturers of the blood plasma which settlement payments may be received from are: Alpha Therapeutic Corporation, Armour Pharmaceutical Company, Baxter Healthcare Corporation, and Bayer Corporation.

While the settlement payment itself is excluded as an asset, any interest earned from these funds must be considered as income. Payments made under this settlement are counted as income and assets in the SSI Program. Individuals losing SSI eligibility due to excess income or assets should have an ex parte determination completed. 1840.1000 DIVIDENDS AND INTEREST (MSSI, SFP) Dividend and interest income received on an individual’s countable resources and on resources excluded due to federal law do not count as unearned income in determining if an individual’s income is within the program’s eligibility standards.

Count the interest and dividend income of the individual, as well as the community spouse, family member/dependent, when income diversion is involved in determining patient responsibility, unless the interest/dividends can be excluded for another reason (i.e. infrequent or irregular income excluded due to federal law).

When calculating patient responsibility interest or dividend income more than $10 per month must be verified at application and review. Accept the individual’s statement for monthly interest/dividend income of $10 or less.