Effective Date: April 1, 2019

Previous Policy

MAGI-Based Medicaid

For the MAGI-based programs there is no sponsor deeming ( 205-4 ). Follow the MAGI household composition rules in 401 to determine household size and the income rules in 440 .

For emergency Medicaid for a MAGI-based household, determine the household size and income in the same manner as you do for a non-emergency MAGI-based household, but do not include any citizen or qualified non-citizen in the emergency coverage.

Family Related Non-MAGI-Based Medicaid

Non-Emergency Medicaid Cases

If the individual is not eligible under a MAGI-based group, but could be eligible under a Family-related medically needy group, follow the rules for the program type for which you are determining eligibility. Sponsor deeming may apply.

Do not include any ineligible non-citizen family member in the coverage for regular (non-emergency) family related Medicaid programs. 2 . Emergency Medicaid Cases

Follow the income deeming and household size rules for the program type for which you are determining eligibility.

Do not deem income from a non-citizen's sponsor who is not a spouse or parent living with the non-citizen on an Emergency Medicaid program. Do count any cash contributions that the sponsor gives to the non-citizen.

Do not include any U.S, citizen or eligible qualified non-citizen family member in the coverage for an Emergency Medicaid program.

Aged, Blind and Disabled Medicaid

Deeming from an Ineligible Spouse

For community Aged, Blind, and Disabled Medicaid, QMB, SLMB and QI programs, income and resources of a spouse who does not meet citizenship requirements must be deemed to the eligible spouse. Regular deeming rules apply, including deductions for dependent children living with the parents, even if those children do not meet citizenship requirements. See 410 for spouse to spouse deeming rules.

Sponsor income may be deemed for non-emergency Medicaid.

Do not deem sponsor income for emergency Medicaid.

For an institutional or waiver case, an assessment of assets is required even if the spouse of the qualified non-citizen member does not meet the citizenship or qualified non-citizen requirements. Income and assets of the spouse do not count after eligibility has been established. See Nursing Home policy on determining income and assets of an institutional or waiver eligible spouse.

Sponsor deeming may apply

Institutional and waiver cases do not allow emergency coverage, so sponsor deeming is not an issue.

Deeming from an Ineligible Parent

Income and assets of parents of a disabled or blind child must be deemed to the child even if the parents do not meet the citizenship requirements. If the child is a non-citizen, sponsor deeming may apply.

If a child receives SSI, the assets, but not the income, of parents must be deemed to the child, even if the parents do not meet the citizenship requirements. There is no sponsor deeming to an SSI recipient non-citizen child.

For an institutionalized child, parents' income and assets must be deemed in the month of entry and the month of discharge, even if the parents do not meet the citizenship requirements. See 412 for exception for newborn babies. If the child is a non-citizen, sponsor deeming may apply.

Do not deem sponsor income for emergency Medicaid for a blind or disabled non-citizen child.