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COMBINED MEDICAID 402-2 Native American Resources Supersedes: FMA 402-2 (01/01/08); MA 402-2 (01/01/08); Bulletin FMA 53/MA 94 (12/19/08); Bulletin FMA 58/MA 99 (11/20/09); Bulletin FMA 68a/MA 111a (08/01/12); Bulletin FMA 68b/MA 111b (08/01/12); Bulletin FMA 70/MA 113 (11/05/12) Reference: OBRA ‘93; ARM 37.82.101, .903; 20 CFR 416, Subpart L; 42 CFR 435.601; P.L. 111-5 (American Recovery and Reinvestment Act of 2009) Overview: The equity value of the filing/assistance unit’s owned resources (real and personal property) are countable unless specifically excluded by regulation. COUNTABLE RESOURCES: Countable resources include, but are not limited to retained proceeds of the following payments: 1. Tribal payments unless otherwise excluded; 2. Tribally managed gaming revenues distributed per capita (P.L. 98-64); 3. Resources purchased with funds which are no longer clearly identifiable as excluded; 4. Bureau of Indian Affairs (BIA) payments, unless otherwise excluded; 5. Transfers of countable monies from other Native American agencies; 6. Fee patent land; and 7. Payments derived from the Keepseagle vs. Vilsack settlement of Tribal Trust Accounting and Management Lawsuits are countable income in the month received (to the extent they can be anticipated), and a countable resource in future months, if retained. EXCLUDED RESOURCES: Excluded Native American resources include: 1. 107th Meridian Settlement payments (AKA Senior Benefit payments) received by the Crow elders; 2. Retained proceeds of any payment that was an excluded Native American income when received. This may include, but is not limited to: a. All payments (regardless of amount) per individual per calendar year derived from leases or other uses of individual interests in trust or restricted lands; b. Farm and grazing leases, oil and gas royalties and mineral rights payments from land other than trust or restricted land;