6100 General Guidelines

The following general rules are applicable:

Income must be real. To be real, income must be such that its value can be defined and measured.

Income value must be established by objective measurement.

Income shall be considered available when a client has a legal interest therein and the legal ability to make it available. Earned income is available to the individual producing it and all persons for whom he is legally responsible. Unearned income is available to the individual for whom it is intended and all persons for whom he is legally responsible.

The income of all persons whose needs are included in the medical assistance plan must be considered. If, in the month of application, a mandatory filing unit person has left the home, his or her income shall not be considered as being available to the family in that month. Also see 6400 .

The total income of both spouses shall be considered in determining the eligibility of either or both for assistance if they are living together (including physical separation while maintaining a common life). This provision is not applicable for medical assistance when one or both spouses enter an institutional or HCBS arrangement. See 8241 , 8242(1) , and 8243(1) and (2) for HCBS arrangements) 8141 , 8142 (1) , and 8143 (1) and (2) for institutional arrangements

The income of an eligible or ineligible parent (excluding the stepparent) shall be considered in determining the eligibility of a minor child for assistance if the parent and child are living together. This includes the minor parent unless that parent is in school. This provision is not applicable to children in institutional or HCBS arrangements. If a parent enters an institutional living arrangement (whether or not the facility is Medicaid approved) for other than a planned brief stay as defined in 8113 , his or her income shall be considered in determining the eligibility of a minor child only for the month the arrangement begins. Thereafter, only the minor child's income as well as any income contributed by that parent can be considered in determining the eligibility of that child. If the parent begins to receive HCBS, his or her income shall not be considered for the minor child’s eligibility determination (either E&D or LTC) beginning with the first month of services. Please refer to KFMAM 03100 and 5130 (and subsections) pertaining to income considerations for MAGI determinations. See 8243(2) regarding consideration of income upon discharge.

A conversion of property from one form to another shall not be considered as income except for the proceeds from a contract for the sale of property or the payments from an annuity that has been annuitized.

Income shall not be considered both as income and as property in the same month.