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Chapter: 2200 Standard Filing Unit Program: MSSI, SFP 38 2240.0614 Couple/One Requests Community Hospice or OSS (MSSI, SFP) If an eligible individual is living with their ineligible spouse and is applying for Community Hospice or OSS, the income standard for one must be used. Only the individual's income and assets are counted and income may be allocated (according to Chapter 2600) to the spouse and dependents. 2240.0615 Individual Not with Spouse Requests OSS (MSSI, SFP) If an individual is not living with their spouse and is applying for OSS, the income standard for one must be used. Eligibility is determined based on the individual's income and assets. Income may be allocated to the spouse and dependents. 2240.0616 Child Living with Parents (MSSI) If the child is applying for MEDS-AD, QMB, SLMB, QI-1, EMA, Protected Medicaid or Medically Needy, and the child lives with his parent(s), the income and assets of the parent must be deemed to the child. The income standard for one must be used. (A stepparent's income and assets are not deemed.)

Refer to passage 2240.0617 if the child is currently living with a parent but is applying for institutional care. 2240.0617 Child Not Living with Parents (MSSI) If the child is not living with parents or currently lives with parents but is applying for institutional care or home and community-based services/waiver, the child is considered an individual. Only the child's income and assets are considered. The income standard for one is used. There is no deeming or allocating of income or assets. 2240.0618 Deeming Exclusions (MSSI) The following income and assets cannot be deemed:

1. Income or assets belonging to a stepparent or grandparent; 2. Income or assets belonging to SFU members other than the individual, parent, or spouse.

Note: Pension funds owned by an ineligible spouse or parent, such as monies held in a retirement fund administered by an employer or union, an individual retirement account (IRA), or a Keogh account cannot be deemed. 2240.0619 Treatment of Assets when Child Lives with Parent (MSSI) In determining the amount of assets to be deemed, the eligibility specialist will allow the parent(s) all the asset exclusions they would be eligible for in their own right if they were eligible individuals. After those exclusions are applied, the remaining included assets in excess of the limit are subject to deeming.

The entire amount that exceeds the asset limit is deemed to the child when only one child meets SSI-Related criteria. When more than one child meets SSI-Related criteria, the amount to be deemed is divided equally among those children. None of the parents’ assets are deemed to any other children (for example, those who are neither blind nor disabled).

For purposes of deeming, it does not matter whether the parent is or is not eligible. If the child is living with one parent, deduct the appropriate asset limit ($2,000 for categorically needy except MEDS-AD or $5,000 for Medically Needy and MEDS-AD) from the parents’ total included assets. If living with both parents, use $3,000 for categorically needy except MEDS-AD or $6,000 for Medically Needy and MEDS-AD.