Mont. Admin. R. 37.82.407 - LIMITATION ON THE FINANCIAL RESPONSIBILITY OF RELATIVES
(1) The income and resources of the following
relatives are considered available to an individual in determining the
individual's eligibility for Aged Blind Disabled (ABD) Medicaid:
(a) the spouse of the individual, except as
provided in (3); and
(b) the
biological or adoptive parent or parents or stepparent of the individual with
whom the individual resides, if the individual is under the age of
18.
(2) The income and
resources of the following relatives are considered available to an individual
in determining the individual's eligibility for family Medicaid:
(a) the spouse of the individual, except as
provided in (3);
(b) the biological
or adoptive parent or parents or stepparent of the individual with whom the
individual resides, if the individual is under the age of 19;
(c) for an individual applying for or
receiving Medicaid under the child-under age six, child-age six to 19,
child-medically needy or family-medically needy coverage groups only, the
individual's siblings, half-siblings, or step siblings if the individual
chooses to have such siblings included in the filing unit; and
(d) for an individual applying for or
receiving Medicaid under any of the coverage groups described in
42 U.S.C.
1396r-6 and
42 U.S.C.
1396u-1, all siblings, half siblings, and
step siblings of the individual with whom the individual resides, if the
individual is under the age of 19. The individual does not have the option of
excluding any such siblings from the filing unit.
(3) The following rules apply In the case of
a married individual who is not living with his or her spouse:
(a) In determining the eligibility of an
institutionalized spouse as defined in ARM
37.82.1330, resources of the
institutionalized spouse's spouse, that is, of the community spouse as defined
in ARM 37.82.1330, are considered available to the institutionalized spouse,
and a resource assessment must be conducted as provided in ARM
37.82.1331, regardless of whether
the institutionalized spouse and the community spouse live together or have
ever lived together. In determining the eligibility of an institutionalized
spouse the income of the community spouse will be considered as provided in
42
U.S.C. 1396r-5 pertaining to the treatment of
income and resources for institutionalized spouses which is adopted and
incorporated by reference.
(b) In
determining the eligibility of any individual who is not an institutionalized
spouse as defined in ARM 37.82.1330, the income and resources of the
individual's spouse are considered available to the individual as long as the
spouses live together. If the individual and the individual's spouse cease
living together, the income and resources of the individual's spouse are not
considered available to the individual unless actually contributed to the
individual beginning in the first month after the month in which the individual
and the individual's spouse ceased living together. If the individual and
individual's spouse never lived together, the spouse's income and resources are
not considered available to the individual unless actually contributed to the
individual.
(4) Except
as provided in (1), (2), and (3), the department may not consider the income or
resources of any relative to be available to an individual in determining the
individual's eligibility for Medicaid unless:
(a) the income or resource are actually
contributed to the individual; or
(b) a relative makes a vendor payment on
behalf of the individual and the vendor payment would be countable income to
the individual as provided in the ABD Medicaid Manual or Family Medicaid Manual
that is incorporated by reference in ARM
37.82.101.
Notes
53-6-113, MCA; IMP, 53-6-113, 53-6-131, MCA;
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