Section 1240-03-03-.05 - RESOURCE LIMITATIONS FOR THE MEDICALLY NEEDY AND STANDARD SPEND DOWN(1) Applicants for medical assistance are permitted to retain resources in an amount not to exceed the SSI limits. An additional $100 in resources is allowed for each additional person in AFDC related coverage groups over those provided for in the SSI regulations.(2) Excluded Resources.(a) Resources excluded from consideration in the determination of eligibility for AFDC related medical assistance are those excluded in the Families First/AFDC cash assistance program in rule 1240-01-50-.05.(b) Resources excluded from consideration for Standard Spend Down and institutionalized individuals who are aged, blind and disabled are those excluded by SSI regulations at 20 C.F.R. Part 416.(3) Countable Resources. (a) Countable resources for AFDC related cases are determined by using the policies of the Families First/AFDC cash assistance program as reflected in rule 1240-01-50-.06.(b) Countable resources for Standard Spend Down and institutionalized individuals who are aged, blind and disabled are determined by using SSI policy at 20 C.F.R. Part 416 and as indicated in Rule 1240-03-03-.03(9) for institutionalized individuals with a spouse living in the community.Tenn. Comp. R. & Regs. 1240-03-03-.05
Repeal and new rule filed June 14, 1976; effective July 14, 1976. Amendment filed April 28, 1980; effective July 12, 1980. Repeal and new rule filed August 17, 1982; effective September 16, 1982. Amendment filed February 26, 1985; effective March 28, 1985. Amendment filed May 8, 1987; effective August 29, 1987. Amendment filed March 7, 1988; effective June 29, 1988. Amendment filed August 9, 1989; effective September 23, 1989. Amendment filed May 1, 1991; effective June 15, 1991. Amendment filed April 23, 1997; effective July 7, 1997. Amendment filed April 22, 2008; effective July 6, 2008.Authority: T.C.A. §§ 4-5-201 et seq., 4-5-202, 71-1-105(12), 71-5-102, 71-5-106, and 71-5-109; 42 U.S.C. §§ 1396 et seq., 42 USC § 1396r-5 and 42 U.S.C. § 1315; 42 C.F.R. § 435.845; 20 C.F.R. § 416.1205(c); PL 98-369§2611, PL 99-272§§ 9501 and 9506, PL 100-360§303.