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North Carolina Department of Health and Human Services AGED, BLIND, AND DISABLED MEDICAID MANUAL MA-2262

SPONSOR DEEMING

9 REISSUED 07/01/10 – CHANGE NO. 11-10 (X.A.1.) If Brenda applies for Medicaid for herself, the income and resources of her brother count in determining her eligibility because he signed the I-864 sponsoring her. If son John had come to the country with Brenda, and been named on the Affidavit signed by Brenda’s brother, then Brenda’s brother’s income and resources would be counted in determining the eligibility of both Brenda and John for either Medicaid or NCHC. Tom’s income also would count as spouse/parent to Brenda and John.

If Brenda applies for Medicaid for John only, Brenda’s brother’s income and resources would not be considered in determining John’s eligibility for Medicaid or NCHC. You would count Brenda’s and Tom’s income and resources, if appropriate, excluding any income/resource deemed to her by her sponsor for John.

2. Deem the resources of both the alien sponsor and the sponsor’s spouse to the sponsored alien. Deem the sponsor’s spouse’s income to the alien as long as the spouse lives with the sponsor.

3. The resources of other members of a sponsor’s household should never be deemed to the sponsored alien.

4. A sponsor without adequate resources and/or income may rely upon a ‘joint sponsor’ who may or may not be a member of the sponsor’s household and may or may not be related to the sponsored alien. However, the joint sponsor must sign an I-864 Affidavit of Support. In such cases, the resources of both the primary sponsor and the joint sponsor(s), as well as their respective spouses, must be deemed to the sponsored alien.

B. Countable Resources

Apply the current Medicaid policy for determining what is countable resources for the sponsor. Apply the same definitions and exclusions for the sponsor’s resources that are applied to a/r’s. See MA-2230, Resources.

Compare the amount of countable resources of the sponsor and the a/r to the resource limit to determine if the a/r is eligible for Medicaid.

XI. TIME LIMIT FOR SPONSOR DEEMING

There is no absolute time limit on the application of the deeming rules to affected aliens. However, discontinue deeming a sponsor’s income in the following situations: