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COMAR 10.09.24.01-.16 1683 State of Maryland Medical Assistance Manual Revised July 2012

(6) Burial spaces for each member of the assistance unit and other persons whose income and resources are considered. (7) Burial funds up to a total of $1,500 for each member of the assistance unit or person whose income and resources are considered. J. Treatment of Joint Accounts. (1) If a joint account exists between an applicant and a nonapplicant, all of the funds in the account are considered available to the applicant. (2) If a joint account exists between the spouse of an applicant and a nonapplicant, all of the funds in the account are considered available to the spouse of the applicant. (3) If a joint account exists between an applicant, the spouse of an applicant, and a nonapplicant, all of the funds in the account are considered available to the applicant and the spouse of the applicant. (4) Rebuttal of Presumption of Full Ownership Interest. (a) If the nonapplicant owner can demonstrate, to the Department's satisfaction, that the nonapplicant made regular and proportionate contributions of the nonapplicant's own funds to the account, a pro rata share of the funds is considered available to the nonapplicant. (b) If either the applicant, the spouse of the applicant, or the nonapplicant owner of a joint account believes that the ownership interest attributed to him or her by the Department under §§J(1)—(3) or J(4)(a) of this regulation is incorrect and can demonstrate, under §J(5)(b) of this regulation, to the satisfaction of the Department, an ownership interest other than that attributed to him or her by the Department, the Department shall consider the amount established through rebuttal as the correct amount for the purpose of determining eligibility for Medical Assistance. (5) Declaration of Ownership Interests. (a) The applicant and the nonapplicant of a joint account shall declare their ownership interests on a form designated by the Department. (b) The applicant shall provide adequate documentation to substantiate the declared ownership interests. (6) If the nonapplicant owner withdraws funds from the account during or after the 30-month period immediately before the month of application, the withdrawal is considered a disposal by the applicant or the spouse of the applicant to the extent that the remaining funds are less than the amounts considered available to the applicant under §J(1)—(4) of this regulation. J-1. Medicaid Qualifying Trust. (1) In the case of a Medicaid qualifying trust as defined under §B(12) of this regulation, the amount from the trust considered available to the person or the person's spouse establishing the trust is the maximum amount of payments that may be permitted under the terms of the trust to