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COMAR 10.09.24.01-.16 1675 State of Maryland Medical Assistance Manual Revised July 2012
the spouses of these persons. Neither dependency nor living in the same household are factors in determining whether a person is an immediate family member. (10) "Institutionalized person" means a person who is: (a) An inpatient in a nursing facility; (b) An inpatient in a medical institution and with respect to whom payment is made based upon a level of care provided in a nursing facility; or (c) Receiving services under a home and community-based services waiver under COMAR 10.09.27 or 10.09.31. (11) "Joint account" means an account in which two or more persons are named as owners of the account and the funds in the account are subject to withdrawal by any of the persons named as owners. (12) "Medicaid qualifying trust" means a trust or similar legal device established on or before August 10, 1993, other than by will, by an individual or an individual's spouse, under which the individual or the individual's spouse may be the beneficiary of all or part of the payments from the trust, and the distribution of payment is determined by one or more trustees who are permitted to exercise any discretion with respect to the distribution to the individual. (13) "Nonapplicant" means a person who is neither an applicant nor the spouse of an applicant. (14) Property. (a) "Property" means any thing or things in which a person has a legal or equitable interest. (b) "Personal property" means all property that is not real property. (c) "Real property" means property which is fixed or immovable such as land or a building. (15) "Uncompensated value" means the difference between the fair market value of a person's interest in a resource at the time it was disposed of and the amount of compensation received for the resource. C. The applicant shall report all resources to the Department or its designee with the exception of non-disabled children and their caretaker relatives who are not being considered as medically needy. D. The Department or its designee shall consider all resources in accordance with this regulation with the exception of non-disabled children and their caretaker relatives who are not being considered as medically needy. E. Countable income that is retained at redetermination or reapplication shall be considered a resource unless specifically excluded by other regulations.