42 CFR 423.772 - Definitions.
For purposes of this subpart, the following definitions apply:
Applicant means the Part D eligible individual applying for the subsidies available to subsidy eligible individuals under this subpart.
Best available evidence means evidence recognized by CMS as documentation or other information that is directly tied to State or Social Security Administration systems that confirm an individual's low-income subsidy eligibility status, and that must be accepted and used by the Part D sponsor to change low-income subsidy status.
Family size means the applicant, the spouse who is living in the same household, if any and the number of individuals who are related to the applicant or applicants, who are living in the same household and who are dependent on the applicant or the applicant's spouse for at least one-half of their financial support.
Full-benefit dual eligible individual means an individual who, for any month -
(1) Has coverage for the month under a prescription drug plan under Part D of title XVIII, or under an MA-PD plan under Part C of title XVIII; and
(2) Is determined eligible by the State for medical assistance for full benefits under title XIX for the month under any eligibility category covered under the State plan or comprehensive benefits under a demonstration under section 1115 of the Act. (This does not include individuals under Pharmacy Plus program demonstrations or under a section 1115 demonstration that provides pharmacy-only benefits to these individuals.). It also includes any individual who is determined by the State to be eligible for medical assistance under section 1902(a)(10)(C) of the Act (medically needy) or section 1902(f) of the Act (States that use more restrictive eligibility criteria than are used by the SSI program) of the Act for any month if the individual was eligible for medical assistance in any part of the month.
Income means income as described under section 1905(p)(1) of the Act without use of any more liberal disregards under section 1902(r)(2) of the Act (that is defined by section 1612 of the Act) and exempts support and maintenance furnished in kind. This definition includes the income of the applicant and spouse who is living in the same household, if any, regardless of whether the spouse is also an applicant.
Individual receiving home and community-based services means a full-benefit dual-eligible individual who is receiving services under a home and community-based program authorized for a State in accordance with one of the following:
(1) Section 1115 of the Act.
(2) Section 1915(c) or (d) of the Act.
Institutionalized individual means a full-benefit dual eligible individual who is an inpatient in a medical institution or nursing facility for which payment is made under Medicaid throughout a month, as defined under section 1902(q)(1)(B) of the Act.
Personal representative for purposes of this subpart means -
Resources means liquid resources of the applicant (and, if married, his or her spouse who is living in the same household), such as checking and savings accounts, stocks, bonds, and other resources that can be readily converted to cash within 20 days, that are not excluded from resources in section 1613 of the Act, and real estate that is not the applicant's primary residence or the land on which the primary residence is located. It exempts the value of any life insurance policy.
State means for purposes of this subpart each of the 50 States and the District of Columbia.
Title 42 published on 19-Apr-2017 03:51
The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 42 CFR Part 423 after this date.
- 42 CFR 413.89 — Bad Debts, Charity, and Courtesy Allowances.
- 42 CFR 423.4 — Definitions.
- 42 CFR 423.34 — Enrollment of Low-Income Subsidy Eligible Individuals.
- 42 CFR 423.800 — Administration of Subsidy Program.
- 42 CFR 423.38 — Enrollment Periods.
- 20 CFR 418.3635 — Can Anyone Request Administrative Review on Your Behalf?
- 20 CFR 418.3230 — When Will We Use Your Subsidy Inquiry as Your Filing Date?
- 20 CFR 418.3215 — Who May File Your Application for a Subsidy?