42 CFR § 435.601 - Application of financial eligibility methodologies.
(a) Definitions. For purposes of this section, cash assistance financial methodologies refers to the income and resources methodologies of the AFDC, SSI, or State supplement programs, or, for aged, blind, and disabled individuals in States that use more restrictive criteria than SSI, the methodologies established in accordance with the requirements of §§ 435.121 and 435.230.
(b) Basic rule for use of non-MAGI financial methodologies.
(2) Except as specified in paragraphs (c) and (d) of this section or in § 435.121 or as permitted under § 435.831(b)(1), in determining financial eligibility of individuals as categorically or medically needy, the agency must apply the financial methodologies and requirements of the cash assistance program that is most closely categorically related to the individual's status.
(d) Use of less restrictive methodologies than those under cash assistance programs.
(1) At State option, and subject to the conditions of paragraphs (d)(2) through (5) of this section, the agency may apply income and resource methodologies that are less restrictive than the cash assistance methodologies or methodologies permitted under § 435.831(b)(1) in determining eligibility for the following groups:
(i) Qualified Medicare beneficiaries specified in sections 1902(a)(10)(E) and 1905(p) of the Act;
(2) The income and resource methodologies that an agency elects to apply to groups of individuals described in paragraph (d)(1) of this section may be less restrictive, but no more restrictive (except in States using more restrictive requirements than SSI), than:
(i) For groups of aged, blind, and disabled individuals, the SSI methodologies; or
(ii) For all other groups, the methodologies under the State plan most closely categorically related to the individual's status.
(3) A financial methodology is considered to be no more restrictive if, by using the methodology, additional individuals may be eligible for Medicaid and no individuals who are otherwise eligible are by use of that methodology made ineligible for Medicaid.
(4) The less restrictive methodology applied under this section must be comparable for all persons within each category of assistance (aged, or blind, or disabled, or AFDC related) within an eligibility group. For example, if the agency chooses to apply less restrictive income or resource methodology to an eligibility group of aged individuals, it must apply that methodology to all aged individuals within the selected group.
(5) The application of the less restrictive income and resource methodologies permitted under this section must be consistent with the limitations and conditions on FFP specified in subpart K of this part.
(f) State plan requirements.
(1) The State plan must specify that, except to the extent precluded in § 435.602, in determining financial eligibility of individuals, the agency will apply the cash assistance financial methodologies and requirements, unless the agency chooses to apply less restrictive income and resource methodologies in accordance with paragraph (d) of this section.
(2) If the agency chooses to apply less restrictive income and resource methodologies, the State plan must specify:
(i) The less restrictive methodologies that will be used; and
(ii) The eligibility group or groups to which the less restrictive methodologies will be applied.
The following state regulations pages link to this page.
- Miss. Admin. Code. 23-102-6.12 - Rule 6.12 - Changes in Marital Relationship - Active Cases, FCC Programs.
- Miss. Admin. Code. 23-102-6.15 - Rule 6.15 - Student Status as an Eligibility Requirement - ABD Programs.
- Miss. Admin. Code. 23-103-1.12 - Rule 1.12 - First of the Month Rule for Making Resource Determinations.
- Miss. Admin. Code. 23-103-13.1 - Rule 13.1 - Treatment of Resource Spenddown Under Liberalized Policy.
- Miss. Admin. Code. 23-103-3.11 - Rule 3.11 - Resources Set Aside As Part of A Plan To Achieve Self-Support (Pass).
- Miss. Admin. Code. 23-103-3.13 - Rule 3.13 - Treatment of Excluded Funds Co-Mingled with Non-Excluded Funds.
- Miss. Admin. Code. 23-103-3.4 - Rule 3.4 - Treatment of Loans, Promissory Notes & Property Agreements (SSI).
- Miss. Admin. Code. 23-103-3.5 - Rule 3.5 - Treatment of Loans, Promissory Notes and Property Agreements (Liberalized).
- Miss. Admin. Code. 23-104-10.5 - Rule 10.5 - In-Kind Items Received as Remuneration for Employment (SSI Categories Only).
- Miss. Admin. Code. 23-104-4.1 - Rule 4.1 - Exclusions that Apply to both Earned and Unearned Income.
- Miss. Admin. Code. 23-104-5.2 - Rule 5.2 - Exclusion of Earned Income Tax Credit (EITC) and Child Tax Credit (CTC) Payments.
- Miss. Admin. Code. 23-104-7.17 - Rule 7.17 - Payments to Veterans' Children with Certain Birth Defects.
- Miss. Admin. Code. 23-104-7.19 - Rule 7.19 - VA Payment Adjustments for Unusual Medical Expenses (UME).
- Miss. Admin. Code. 23-104-7.2 - Rule 7.2 - Title II, Retirement, Survivors and Disability Insurance (RSDI) Payments.
- Miss. Admin. Code. 23-104-7.21 - Rule 7.21 - Treatment of Institutional Cases involving UME or A & A.
- Miss. Admin. Code. 23-104-7.23 - Rule 7.23 - Treatment of VA Contract Patients in Nursing Facilities.
- Miss. Admin. Code. 23-104-7.24 - Rule 7.24 - Reduced VA Pension for Veterans and Surviving Spouses in Nursing Homes.
- Miss. Admin. Code. 23-104-7.25 - Rule 7.25 - Treatment of VA Benefits Allocated to Spouse Receiving IBON.
- Miss. Admin. Code. 23-104-7.49 - Rule 7.49 - Federal Emergency Management Agency (FEMA) Emergency Assistance.
- Miss. Admin. Code. 23-104-7.52 - Rule 7.52 - Home Energy Assistance and Support and Maintenance Assistance (HEA/SMA).
- Miss. Admin. Code. 23-104-7.54 - Rule 7.54 - Refugee Cash Assistance (RCA), Cuban and Haitian Entrant Cash Assistance (CHECA).
- Miss. Admin. Code. 23-104-8.11 - Rule 8.11 - Individual Interest in Indian Trust or Restricted Lands Exclusion.
- Miss. Admin. Code. 23-104-8.3 - Rule 8.3 - Child Care Payments under Child Care and Development Block Grant Act (CCDBGA).
- Miss. Admin. Code. 23-104-8.4 - Rule 8.4 - Department of Defense (DOD) Payments to Certain Persons Captured and Interned by North Vietnam.
- Miss. Admin. Code. 23-104-8.5 - Rule 8.5 - Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
- Miss. Admin. Code. 23-104-9.6 - Rule 9.6 - Payments for Services Performed in a Sheltered Workshop or Work Activities Center.
- Utah Admin. Code R414-304-11 - R414-304-11 - Aged, Blind and Disabled Institutional Medicaid and Family Institutional Medicaid Income Deductions.
- Utah Admin. Code R414-304-14 - R414-304-14 - Aged, Blind and Disabled Medicaid, Medicaid Work Incentive, QMB, SLMB, and QI Filing Unit.
- Utah Admin. Code R414-304-15 - R414-304-15 - Medically Needy Family, Pregnant Woman and Child Medicaid Filing Unit.
- Utah Admin. Code R414-304-9 - R414-304-9 - Aged, Blind and Disabled Non-Institutional Medicaid and Medically Needy Family, Pregnant Woman and Child Non-Institutional Medicaid Income Deductions.
- Wash. Admin. Code § 182-512-0350 - 182-512-0350 - SSI-related medical—Property and contracts excluded as resources.
- Wash. Admin. Code § 182-513-1340 - 182-513-1340 - Determining excluded income for long-term care (LTC) services.
- Wash. Admin. Code § 182-513-1345 - 182-513-1345 - Determining disregarded income for institutional or hospice services under the medically needy (MN) program.
- Wash. Admin. Code § 182-515-1505 - 182-515-1505 - Home and community based (HCB) waiver services authorized by home and community services (HCS).
- Wash. Admin. Code § 388-455-0015 - 388-455-0015 - When and how does the department treat lump sum payments as income for cash assistance programs?