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held in a joint bank account, no deposits by other account holders or interest credited to the account are counted as income to the eligible individual or deemor.
Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994).
Rule 2.9: Income from Trusts and Conservatorships.
A. Generally, if the client has a right to the income from the principal of a trust or conservatorship, it is income to him as it becomes available.
B. If the client has no right to the income from the trust/conserved funds, then only the payments actually paid from the trust would be income.
C. The income/resource rules that apply to a trust or conservatorship depend on when the trust or conservatorship was established. Refer to Part 103, Chapter 5, for a complete discussion of applicable income/resource rules.
Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994).
Part 104 Chapter 3: What is Not Income
Rule 3.1: Items Not Considered Income for Medicaid Purposes.
A. Some items received by an individual are not income because they do not meet the definition of income. Other items are income by definition, but are excluded from an individual’s income by federal statute. Only those items specifically listed in the law and regulations can be excluded from income. The items in this section are not considered income for Medicaid purposes, as follows:
1. Medical and Social Services. These services are not income for Medicaid purposes. Under the circumstances specified in this section, cash and in-kind items received in conjunction with medical and social services are also not income.
a) Medical services are those services which are directed toward diagnostic, preventive, therapeutic or palliative treatment of a medical condition and which are performed, directed or supervised by a state licensed health professional.
1) The term “medical services” includes any room and board (i.e., food or shelter) provided during a medical confinement, as well as in-kind medical items such as prescription drugs, eyeglasses, prosthetics and their maintenance, electric wheelchairs, modified scooters and specially trained animals, such as seeing eye dogs, and their maintenance. Transportation to and from medical treatment is also considered a medical service.
b) A social service is any service (other than medical) which is intended to assist a handicapped or socially disadvantaged individual to function in society on a level