469 Neb. Admin. Code, ch. 4, § 006

Current through September 17, 2024
Section 469-4-006 - TREATMENT OF RESOURCES FOR STATE DISABILITY PROGRAM MEDICAL

The application for an individual who has excess resources, other than real property, may be held pending until the resources are reduced. Excess resources may be reduced by paying obligations for medical costs. State Disability Program Medical eligibility begins with the first day of the month of the incurred obligation which was used to reduce the resources to the allowable maximum. Medical eligibility may not be established earlier than the three-month retroactive period.

006.01MAXIMUM AVAILABLE RESOURCE LEVELS. The established maximum for available resources which the recipient, or the recipient and responsible relative, may own and still be considered eligible for Medical under the State Disability Program according to unit size, are as follows:
(1) One member unit - recipient only $4000
(a) If a couple has a valid designation of resources and:
(1) There is an eligible spouse and an ineligible spouse, the resource level for the eligible spouse is $4,000; or
(2) The ineligible spouse later becomes eligible, each spouse is allowed $4,000.
(2) Two member unit $6000
(a) Applicant or recipient and eligible spouse; or,
(b) Applicant or recipient and ineligible spouse;
(3) If two or more related Assistance to the Aged, Blind, Disabled, or State Disability Program applicants or recipients, other than a married couple, such as an eligible Assistance to the Aged, Blind, or Disabled parent or eligible Blind or Disabled minor child, or two or more unrelated eligible Assistance to the Aged, Blind, or Disabled recipients, reside in the same household, each applicant or recipient is entitled to a resource maximum of $4000.
(4) If the total equity value of available non-excluded resources exceeds the maximums specified above, the applicant or recipient is ineligible. Resources must be below the maximum resource level for one day in the month in order for the applicant or recipient to be eligible for that month.
006.01(A)DEEMING RESOURCES OF A PARENT. In considering the resources of a parent, who is not considered an Essential Person in another case, towards an eligible child age 17 or younger and who is living in the parent's household, the following resources are considered to the child whether or not they are actually made available:
(i) All resources exceeding $4,000 in the case of one parent;
(ii) All resources exceeding $6,000 in the case of:
(1) Two parents;
(2) One parent and spouse of the parent; or
(3) One parent and one minor sibling;
(iii) $25 for each additional minor sibling in the parents' household; and
(iv) If income of a parent is not deemed, resources are also not deemed.

469 Neb. Admin. Code, ch. 4, § 006

Amended effective 6/6/2022