Section 17-1724.1-16 - Availability of income of household members The following shall apply when determining financial responsibility of related household members and other household members of a MAGI-excepted individual:
(1) The income of spouses living in the same residence shall be considered available to each other.(2) When spouses cease to reside together due to the institutionalization of one spouse, only the income actually contributed from one spouse to the other shall be considered available to the receiving spouse, beginning the first month after the spouses cease to reside together.(3) An individual receiving home and community based waiver services or hospice services shall be considered institutionalized and separated from the individual's spouse, under the provisions of paragraph (4) When spouses cease to reside together for reasons other than the institutionalization of one spouse, only the income up to the month of separation shall be considered available to each other. After the month of separation, only the income that is actually contributed to the eligible spouse shall be considered available to the eligible spouse.(5) When determining the eligibility of a child under eighteen years of age who is applying for or receiving medical assistance under chapter 17-1719 as a blind or disabled individual: (A) The income of the parent or parents shall be considered available to the child if the child resides in the same residence;(B) Only the income that is actually contributed by the parent or parents shall be considered available to the child, beginning the first month following the month the child ceases to reside with a parent or parents. This provision applies even if the child returns to the residence for periodic visits.(6) When determining the eligibility of a household with a child under nineteen years of age, who is in the same household as his or her natural, legal, or adoptive parents, the parents' income shall be considered available to the child. However, if a child is not included as part of the household, the child's income and needs shall not be considered when determining eligibility for the remaining household members.(7) When determining the eligibility for a non-Title IV-E child covered under a: (A) State adoption assistance agreement, the income of the adoptive parent or parents shall not be considered available to the child.(B) Kinship guardianship assistance agreement, the income of the relative legal guardian or guardians shall not be considered available to the child.(C) State permanency assistance agreement, the income of the legal guardian or guardians or permanent custodian or custodians shall not be considered available to the child. Haw. Code R. § 17-1724.1-16
[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §431.10; 42 C.F.R. §435.602; 45 C.F.R. §433.110; 42 U.S.C. §1396r-5 ) (Imp: HRS § 346-14; 42 C.F.R. §435.602; 45 C.F.R. §433.110; 42 U.S.C. §1396r-5 )[Am and Comp 11/10/2016] (Auth: HRS § 435.601, 435.602) (Imp: HRS § 42 C.F.R. §§ 435.601 )