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COMAR 10.09.24.01-.16 1696 State of Maryland Medical Assistance Manual Revised July 2012
.09 Determining Financial Eligibility for Noninstitutionalized Persons.
A. Basis.
(1) Financial eligibility is determined on the basis of the countable net income and resources of members of the assistance unit and those persons whose income and resource are considered pursuant to Regulations .06, .07, and .08 of this chapter for the period under consideration. For current eligibility under spend-down, a review to identify changes in the unit's financial and nonfinancial eligibility status shall be made before spend-down eligibility is established.
(2) The appropriate medically needy income level shall be the amount specified in Schedule MA-1 for the number of persons whose income is considered in determining financial eligibility.
(3) The appropriate medically needy resource level shall be the amount specified in Schedule MA-2 for the number of persons whose resources are considered in determining financial eligibility.
B. Retroactive Eligibility.
(1) When the countable net income and resources are equal to or less than the medically needy income and resource levels, eligibility exists as medically needy.
(2) When the countable net income is greater than the medically needy income level and the countable resources are equal to or less than the medically needy resource level, retroactive eligibility may exist under the spend-down provision as specified in §B(4) of this regulation.
(3) Excess Resources. Retroactive eligibility does not exist when the countable resources are greater than the medically needy resource level.
(4) Retroactive Spend-Down Eligibility.