Page 56

UPDATED: JANUARY 2011

498

OTHER ELIGIBILITY REQUIREMENTS

OWNERSHIP AND AVAILABILITY

Policy: The ownership and availability of income and resources are determined. Only those income and resources, as appropriate, available to and owned by the A/R or a legally responsible relative are considered when determining eligibility for Medicaid.

References: New York Estates, Powers and Trust Law 7-3.1

Mental Hygiene Law Article 81

SSL Sect.

104

366.2

366.3

Dept. Reg.

351.2

352.16

352.23

360-4.3(f)

360-4.4

360-4.6

ADMs

96 ADM-8

89 ADM-47

82 ADM-6

Interpretation: Income:

Certain income, which is not actually available to the A/R, is counted when determining eligibility for Medicaid. Generally, money deducted from income to pay court-ordered support, income taxes, FICA and New York State Disability is budgeted as available when determining Medicaid eligibility.

See INCOME UNEARNED SUPPORT PAYMENTS (VOLUNTARY AND COURT-ORDERED) for treatment of court-ordered support when deeming; and INCOME SSI-RELATED METHODOLOGY BLIND WORK EXPENSES for treatment of work expenses for the blind when determining eligibility for an SSI-related A/R.

Generally, when an A/R is due income, but the income is not being paid and is not within his/her control or the control of a fiduciary owing a duty to the A/R, the income is considered unavailable and not counted when determining eligibility. However, an A/R is required to apply for entitlement benefits, which would reduce or eliminate the need for assistance and care. Unemployment Insurance (UIB) and Social Security (RSDI) are

(MRG)