Page 3

Families and Children Manual Section: Financial Eligibility Policy Manual Number: 010.040 Chapter: Medically Needy Eligibility Determination Group

1. Both parents exercise parental guidance.

Parental guidance may include issues such as which parent takes the children to and from school and/or daycare, which parent does the school and/or daycare consider the responsible relative, who exercises responsibility for consenting to major medical treatment for the child, etc.

2. Parents equally share physical custody.

If one parent has the child(ren) a majority of the time, this is not considered equally shared parenting time. Child(ren) must spend an equal amount of time living with each parent. The living arrangement may be based on days, weeks or months, but it must be equal (182.5 days per year with each parent) and parental functions of guidance and physical care cannot be substantially interrupted. (If equal time means 6 months at a time are spent with each parent, this will be considered extended visits.)

If it is determined that equal (50/50) parenting time exists, staff should contact the Member Services Eligibility Policy Unit for additional guidance on processing the case.

c. Income and Resources of a Spouse

Accept the individual’s attestation regarding his marital status if he is married, unmarried, or separated from his spouse, unless there is reason to doubt the self-attested information. The income and resources of the applicant’s spouse are considered available, whether or not they are actually contributed:

i. While the couple live together, including temporary absences; and ii. During the first month of separation by one member’s admission to a medical institution, unless the couple had been living apart for at least 6 months prior to their separation.

Income and resources of the applicant’s spouse may be deemed to the applicant when the spouse is living in the household.

d. Spousal Income Deeming

Income deeming is the process of considering another person’s income to be available for meeting an individual’s basic needs of food and shelter. The income of a spouse who is not part of the EDG and is living in the home of an applicant may be deemed to the applying spouse. The following rules apply to the income deeming budget process: i. If the deemed income amount is equal to or less than the MNIS for one, the deemed income is not included in the applicant’s budget. ii. If the deemed income amount is greater than the MNIS for one, the deemed income is included in the applicant’s budget. March 18, 2019 Division of TennCare 3