13 CSR 40-8.020 - Ways of Treating Income and Assets
(1) Scope. This rule describes the general
requirements related to how assets affect eligibility for MHABD. This
regulation does not apply to the Blind Pension program pursuant to Chapter 209,
RSMo 2016, unless noted otherwise. Any provisions in this rule control over
similar provisions in
13 CSR
40-2.030, including, but not limited to, the asset
limits defined in that rule.
(2)
The division shall treat income and assets in a way that is no more restrictive
than the way income and assets are treated for the Supplemental Security Income
(SSI) program, with the exception of the asset limits described in section (4)
of this rule, and as provided for in the Medicaid State Plan.
(3) In determining eligibility for MHABD, the
division shall consider-
(A) Any kind of
asset that is owned by a household member, or in the name of someone on behalf
of the household member;
(B) Any
kind of asset that is owned by a trust or any other entity, but which a
household member, or someone acting on behalf of a household member, has the
legal power to use for the general benefit of the household; or
(C) Any kind of asset that is owned by a
self-settled trust, as defined in, determined by, and subject to the rules of
42 U.S.C. section
1396p(d).
(4) The following asset limits apply to every
MHABD program, except Blind Pension, the Breast and Cervical Cancer Treatment
program, and the Qualified Medicare Beneficiary (QMB) or Specified Low-Income
Medicare Beneficiary (SLMB) programs:
(A) This
subsection identifies the asset limits for MHABD before July 1, 2017.
1. A household that is applying for or
receiving MHABD on the basis of being over age sixty-five (65) or permanently
and totally disabled does not qualify for MHABD if-
A. It is a one- (1-) person household, and
the household has countable assets of one thousand dollars ($1,000) or more;
or
B. It is a two- (2-) person
household, and the household has countable assets of two thousand dollars
($2,000) or more.
2. A
household that is applying for or receiving MHABD on the basis of being blind
does not qualify for MHABD if-
A. It is a one-
(1-) person household, and the household has countable assets of two thousand
dollars ($2,000) or more; or
B. It
is a two- (2-) person household, and the household has countable assets of four
thousand dollars ($4,000) or more;
(B) Effective July 1, 2017, a household is
not eligible for MHABD, regardless of whether eligibility is determined based
on age, blindness, or permanent and total disability, if it has countable
assets at or in excess of the following limits:
|
Dates Effective |
One- (1-) person Household |
Two- (2-) person Household |
|
July 1,2017-Jime 30,2018 |
$2,000 |
$4,000 |
|
July 1,2018-June 30,2019 |
$3,000 |
$6,000 |
|
July 1,2019-June 30,2020 |
$4,000 |
$8,000 |
|
July 1,2020-June 30,2021 |
$5,000 |
$10,000 |
(C)
Effective July 1, 2021 (Fiscal Year 2022), the asset limit identified in
section (4) of this rule shall increase every July thereafter at the same rate
as the increase in the cost-of-living percentage of the Consumer Price Index
for All Urban Consumers (CPI-U), or its successor, as determined by the U.S.
Department of Labor. The asset limit shall be rounded to the nearest five cents
(5ยข).
1. The percentage increase shall be
based on changes in the CPI-U between July of two (2) years prior to the year
in which the current fiscal year begins and July of the immediately preceding
year.
A. Example: To determine the asset limit
for Fiscal Year 2022 (FY22), the department shall measure the increase in the
CPI-U between July 2019 and July 2020. If the CPI-U increased by one percent
(1%) during that period, the asset limit for FY22 shall also increase by one
percent (1%);
(D) Notwithstanding the provisions of this
section, a person is not eligible for QMB or SLMB if the person's household has
countable assets in excess of the maximum resource level applied for the
applicable year under 42
U.S.C. section
1395w-114(a)(3)(D), pursuant
to 42 U.S.C. section
1396d(p)(1)(C).
Notes
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