Ariz. Admin. Code § 9-22-1438

Current through Register Vol. 30, No. 43, October 25, 2024

Section R9-22-1438 - Med Resource Eligibility Requirements

A. Including countable resources. The Department shall include the resources not excluded that belong to and are available to members of the family of a qualified alien under A.R.S. § 36-2903.03 and the sponsor and sponsor's spouse of a person who is a qualified alien.

B. Ownership and availability. The Department shall evaluate the ownership of resources to determine the availability of resources to a person listed in subsection (A).

1. Jointly owned resources with ownership records containing the words "and" or "and/or" between the owners' names are available to each owner except if one of the owners refuses to sell. A consent to sale is not required if all owners are members of the MED family unit.

2. Jointly owned resources with ownership records containing the word "or" between the owners' names are presumed to be available in full to each owner. The applicant or member may rebut the presumption by providing clear and convincing evidence of intent to establish a different type of ownership. If the presumption is rebutted, the resource is available to the owners:

a. Consistent with the intent of the owners, or

b. Based on each owner's proportionate net contribution if there is not clear and convincing evidence of a different allocation.

3. The Department shall establish availability of a trust under 42 U.S.C. 1396 p(d)(4)(A) or (C).

C. Unavailability. The Department shall consider the following resources unavailable:

1. Property subject to spendthrift restriction, such as:

a. Accounts established by the SSA, Veteran's Administration, or similar sources that mandate that the funds in the account be used for the benefit of a person not residing with the MED family unit; or

b. Trusts established by a will or funded solely by the income and resources of someone other than a member of the MED family unit.

2. A resource being disputed in a divorce proceeding or probate matter;

3. Real property located on a Native American reservation;

4. A resource held by a conservator to the extent court-imposed restrictions make the resource unavailable to the applicant, member, or member of the family unit for:

a. Medical care,

b. Food,

c. Clothing, or

d. Shelter.

D. Resource exclusion. The Department shall exclude the following resources from the calculation of resources under subsection (E):

1. One burial plot for each person listed in R9-22-1436;

2. Household furnishings and personal items that are necessary for day-to-day living;

3. Up to $1500 of the value of one prepaid funeral plan for each person listed in R9-22-1436 that specifically covers only funeral-related expenses as evidenced by a written contract;

4. The value of one motor vehicle regularly used for transportation. If the MED family unit owns more than one vehicle, the exclusion is applied to the vehicle with the highest equity value;

5. The value of a vehicle used to earn income and not used simply for transportation to and from employment;

6. The value of a vehicle in which a SSI-cash recipient has an ownership interest; and

7. The value of any vehicle used for medical treatment, employment, or transportation of a SSI-cash disabled child, and that is excluded by SSI for that reason.

8. Funds set aside in an Individual Development Account under 6 A.A.C. 12, Article 4; and

9. Any other resource specifically excluded by federal law.

E. Calculation of resources. The Department shall determine the value of all household resources as follows:

1. Calculate the total amount of countable liquid resources;

2. Calculate the equity value of each countable non-liquid resource. The Department shall determine the equity value of a countable non-liquid resource by subtracting the amount of valid encumbrances on that resource from:

a. The market value of real property if there is no assessor's evaluation of the property,

b. The market value of real property if the assessor's value of the real property does not include the value of permanent structures on that property,

c. The assessor's full cash value if subsections (E)(2)(a) and (E)(2)(b) do not apply, and

d. The market value of a non-liquid resource that is not real property;

3. Not assign an equity value to a resource that is less than zero; and

4. Determine the MED family unit's resources by adding the totals determined in subsections (1) and (2).

F. Resource standard to be eligible for MED. A person is not eligible for MED if the resources determined in subsection (E) exceed $100,000 or if more than $5,000 are liquid resources.

Ariz. Admin. Code § R9-22-1438

New Section made by final rulemaking at 11 A.A.R. 4942, effective December 31, 2005 (Supp. 05-4).