Real Property Resources

(a)For the adult categories of medical assistance, real…#

(a) For the adult categories of medical assistance, real property resources shall be treated as follows:

(1) The home occupied by the individual shall not be counted when determining eligibility for adult categories of medical assistance;

(2) An unoccupied home shall not be counted during periods of temporary absence such as short term hospitalization or institutionalization;

(3) Income-producing property, which is real property not occupied by the individual, but producing income at least sufficient to meet the expenses of its ownership and maintenance shall not be counted;

(4) Any real property not otherwise excluded shall not be counted if it is necessary as the residence for the individual’s spouse, minor child, or disabled child;

(5) One burial plot per assistance group member shall not be counted; and

(6) The equity value of real property which is not specifically excluded above shall be counted as a resource when determining eligibility for adult categories of medical assistance, except during the 6 month disposal period described in subsection (b).

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Real Property Resources

Official source

(a)For the adult categories of medical assistance, real…#

(a) For the adult categories of medical assistance, real property resources shall be treated as follows:

(1) The home occupied by the individual shall not be counted when determining eligibility for adult categories of medical assistance;

(2) An unoccupied home shall not be counted during periods of temporary absence such as short term hospitalization or institutionalization;

(3) Income-producing property, which is real property not occupied by the individual, but producing income at least sufficient to meet the expenses of its ownership and maintenance shall not be counted;

(4) Any real property not otherwise excluded shall not be counted if it is necessary as the residence for the individual’s spouse, minor child, or disabled child;

(5) One burial plot per assistance group member shall not be counted; and

(6) The equity value of real property which is not specifically excluded above shall be counted as a resource when determining eligibility for adult categories of medical assistance, except during the 6 month disposal period described in subsection (b).

(b)For adult categories of medical assistance, the…#

(b) For adult categories of medical assistance, the assistance group shall take action to dispose of the property within 6 months of being notified by the department of health and human services (DHHS) that the property must be liquidated, and:

(1) The equity value of the property shall not be counted during the disposal period; and

(2) The disposal period shall be extended as long as:

a. The individual verifies that action has been taken to sell the property and that there are valid reasons for inability to sell the property; or

b. The individual’s hospitalization or institutionalization, although long term, is not expected to be permanent and it is likely that the individual will return to the home.

(c)If disposal does not occur within the disposal period,…#

(c) If disposal does not occur within the disposal period, as specified in (b) above, medical assistance shall be denied or terminated.

(d)Applicants and recipients of medical assistance…#

(d) Applicants and recipients of medical assistance described in He-W 820.01(q), whose equity interest in their primary residence exceeds the 2016 limit of $552,000, updated annually pursuant to 42 USC 1396p(f)(1)(C), shall not be eligible for such services, but shall remain eligible for other medical assistance services, unless the individual’s spouse, minor child or disabled child resides in the property.

Source. #12217, eff 6-22-17