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A. This type of income is defined as follows:

1. Bureau of Indian Affairs General Assistance (BIA GA) is a federally funded program administered by the Bureau of Indian Affairs (BIA) through its local agency or a tribe. The program makes periodic payments to needy Indians.

B. This type of income is treated as follows:

1. BIA GA payments are federally funded income based on need and, therefore, count as income on a dollar-for-dollar basis regardless of whether they are paid in cash or in kind. The $50/$20 per month general income exclusion does not apply.

Source: Social Security Act §1902 (r)(2); 42 CFR § 435.601(b) (Rev 1994).

Rule 7.31: Foster Care and Adoption Assistance.

A. These types of income are defined as follows:

1. Foster Care. An individual (adult or child) is considered to be in foster care when:

a) A public or private nonprofit agency places the individual under a specific placement program; and

b) The placement is in a home or facility which is licensed or otherwise approved by the state to provide care; and

c) The placing agency retains responsibility for continuing supervision of the need for such placement and the care provided.

B. Adoption Assistance.

1. Adoption assistance programs provide payments and/or services for children for whom unassisted adoption is unlikely because of age, ethnic background, disability, etc. The income of the adoptive parent, the adopted child or both may be considered in determining the payment.

C. These types of income are treated as follows:

1. Treatment of both types of payments depends on the funding source of the payment, the purpose of the payment and whether the Medicaid recipient is the provider or beneficiary of the care as follows:

a) Funded by Title IV-E.

1) Title IV-E foster care payments are income based on need (IBON) to the