Rule 23-104-7.21 - Treatment of Institutional Cases involving UME or A & AA. If the institutional client (IS) with a community spouse (CS) receives non-countable income from UME or A&A, the CS will be allowed to receive the IS' payment attributable to UME or A&A in addition to the CS allocation amount computed in the Medicaid Income computation. 1. If the CS is not entitled to Medicaid, the extra income will have no impact.2. However, if the CS is Medicaid-eligible at home, the income that represents the UME (or A&A) payable to the IS is income to the CS.a) UME (and A&A) is disregarded as income only to the one entitled to the payment.b) When it becomes income available to the CS, it is income to the CS.1) If the income is given to anyone else, the possibility of a transfer of resources exists.B. If the CS does not receive the income attributed to UME (or A&A), the possibility of excess resources building up for the IS exists. In this case, resources must be monitored closely.23 Miss. Code. R. 104-7.21
Social Security Act §1902 (r)(2); 42 CFR §435.601(b) (Rev 1994).