Page 1

COMBINED MEDICAID 501-2 Native American Income Supersedes: MA & FMA 501-2 (01/01/08); Bulletins: MA 94, 98, 111a & 111b; FMA 53, 57, 68a & 68b Reference: 20 CFR 416.1102, .1103, .1120, .1121; .1123; .1124; .1150; ARM 37.82.101, .703 and .903; P.L. 103-444, ARRA of 2009; P.L. 111-5 Overview: All income the household receives must be evaluated when determining eligibility. For Native American income, the source dictates whether the income is counted or excluded. Treat unearned Native American income as follows: EXCLUDED SOURCES: 1. All payments derived from leases or other uses of individually-owned trust or restricted lands. 2. Interest earned on Native American funds/resources. 3. Ownership interests in rents, leases, royalties or usage rights related to natural resources. 4. Income derived from the following settlements: • Cobell et al vs. Salazar (P.L. 111-5). Payments derived from this settlement are excluded as income and as a resource as long as the funds can be specifically identified as being from that source. • Nez Perce et al vs. Salazar (P.L. 111-5). Payments derived from this settlement are excluded as income and as a resource as long as the funds can be specifically identified as being from that source. 5. Judgment claim payments to or under: • Blackfeet, Gros Ventre and Assiniboine Tribes of Montana and Papago, Arizona Tribe (P.L. 97-408); • Alaska Native Claims Settlement Act (P.L. 92-203); • Navajo or Hopi Indians as financial or relocation assistance (P.L. 93-531, Section 22); • Grand River Band of Ottawa Indians (P.L. 94-540); • Confederated Tribes and Bands of the Yakima Indian Nation or the Apache Tribe of the Mescalero Reservation by the Indian Claims Commission (P.L. 95-433); • Passamaquoddy Tribe and Penobscot Nation pursuant to the Maine Indian Claims Settlement Act of 1980 (P.L. 96-420); • Turtle Mountain Band of Chippewas (P.L. 97-403); • Red Lake Band of Chippewa Indians (P.L. 98-123, Section 3); • White Earth Band of Chippewa Indians in Minnesota (P.L. 99-264);