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Aged, Blind and Disabled Manual Policy Manual Number: 110.045 Section: Financial Eligibility Requirements Chapter: ABD Treatment of Resources: Ownership, Equity Value & Accessibility April 15, 2015 Division of TennCare 4 • The resource is a joint bank account. When two or more eligible individuals have unrestricted access as joint owners of a bank account (savings, checking and time deposits) with or without other ineligible owners, each eligible individual is presumed to own an equal share of the total funds in the account regardless of the source of the funds. The eligible individual(s) and/or his responsible party have the right to rebut the ownership presumption. If an asset cannot be sold or converted due to the conditions of joint ownership, exclude the applicant’s equity value in determining resource eligibility. The applicant’s equity value in a jointly-owned asset can be excluded under the following conditions: • The joint owner of the resource (who is not a Financially Responsible Relative) refuses to consent to the sale of the asset or to purchase the applicant’s interest; or • The applicant is free to sell his or her own individual interest in the property, but is unable to find a buyer. c. Rebuttal of Ownership

i. Rebuttal of 100% Ownership or Accessibility of a Resource Applicants who wish to rebut a determination that the he or she has unrestricted access to a resource will have 30 days from the date of application to present rebuttal evidence. If the individual presents all required rebuttal evidence corroborating his or her allegation of partial or non-ownership and the initial determination is rebutted, count only that portion of the resource the individual owns as an available asset. ii. Rebuttal Evidence Rebuttal of resource ownership and accessibility must be submitted in writing, and must be signed by all co-owners. The rebuttal must explain and include verification of the following: • The reason co-ownership was established; • The names of individuals whose funds were used to establish the account or purchase the asset, and the amounts each invested; • The names of individuals who made deposits or withdrawals from an account or who have used the resource; and • How the funds were spent or what the resources have been used for. If the individual successfully rebuts the presumption of 100% ownership or accessibility, action must be immediately taken by the applicant to separate commingled funds, remove his or her name from the account or resource, or restrict his or her access to the account, as applicable to the situation.