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COMAR 10.09.24.01-.16 1678 State of Maryland Medical Assistance Manual Revised July 2012
(b) The initial 9-month exclusion period specified in §G(7)(a) of this regulation shall be extended for a reasonable period up to an additional 9 months if circumstances beyond the control of the person prevent him from repairing, replacing, or contracting for the repair or replacement of the resource. (c) Any of the cash and interest or in-kind replacement that is not used to repair or replace the excluded resource shall be counted as a resource beginning with the period under consideration after expiration of the initial 9-month period, or the extended period, if any. (d) If an extension of the time period is made pursuant to §G(7)(b) of this regulation and the person changes his intent to repair or replace the excluded resource, cash and interest, or in-kind replacement previously excluded, shall be counted as resources effective with the month the person reports his change of intent. (8) Assistance Received Because of a Major Disaster. (a) Assistance, including any interest earned on the assistance, received under the Disaster Relief Act of 1974 (PL 93-288) or other assistance provided under a federal statute because of a catastrophe which is declared to be a major disaster by the President of the United States shall be excluded in determining countable resources for a period of 9 months from the date of receipt. (b) The initial 9-month period for not counting the assistance specified in §G(8)(a) of this regulation shall be extended for a reasonable period up to an additional 9 months if circumstances beyond the control of the person prevented him from repairing, replacing, or contracting for repair or replacement of damaged or destroyed property. (9) Burial spaces for a person and the person's immediate family. (10) Proceeds from Sale of a Home. Proceeds from the sale of a home shall be excluded from consideration as a resource for a period not to exceed 3 months from the date the proceeds are received if the: (a) Person indicates he intends to replace the home during that period; (b) Home is in fact replaced during that period; and (c) Replaced home itself was an excluded resource under the provision of § G(1) of this regulation. (11) Payment received under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 42 U.S.C. §4601 et seq. Compensation received for the fair market value of the acquired real property is not subject to this regulation. (12) Assistance provided in cash or in-kind under the Emergency Energy Conservation Services Program, including plans for crisis intervention to prevent fuel cut-offs and assistance provided under the Low-Income Home Energy Assistance Act. (13) Burial Funds.