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UPDATED: JUNE 2010

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OTHER ELIGIBILITY REQUIREMENTS LEGALLY RESPONSIBLE RELATIVES (LRRs) PARENTS AND CHILDREN

STEP-PARENTS

Description: A step-parent is the spouse of an A/R’s parent, including an adoptive parent. For Medicaid purposes step-parents are legally responsible for their step-children under the age of 21.

Policy: A step-parent of a child under the age of 21 is legally and financially responsible for his/her child. However, the income of a step-parent will not be considered in the determination of eligibility of a pregnant minor. In addition parental income/resources are not considered in the determination of eligibility of a certified blind or certified disabled child who is:

• 18 years of age or older;

• under the age of 18 but expected to be living separately from the parental household for 30 days or more; or

• participating in one of the home and community-based waivered programs provided pursuant to Section 1915(c) of the Social Security Act where the income/resources of the parents or step-parents are not considered in the determination of eligibility for the child.

References: SSL Sect. 101

366

Dept. Reg. 360-4.3(f)

360-7.11

ADMs 91 ADM-8

82 ADM-6

75 ADM-21

Interpretation: Generally, step-parents are responsible for their step-children under the age of 21. However, the income/resources of step-parents are not considered in the determination of eligibility when the child is pregnant; age 18 or over and certified blind/disabled or participating in a home and community-based waiver program.

The income/resources of step-parents are not considered in the determination of eligibility for their certified blind/disabled step-child age 18 or older, regardless of where the child resides. The (MRG)