524           MEDICAID EXCEPTIONS TO APAAdult Public Assistance RESOURCE POLICY

The value and countability of resources is determined according to the criteria of the APAAdult Public Assistance program, except as provided below:

524 A.      RESERVED

524 B.      COMMUNITY SPOUSE RESOURCE ALLOWANCE

Resources may be transferred from the Long Term Care spouse to his or her community spouse to meet the eligibility resource limit (see Addendum 1 for current year allowance amount) to qualify for Medicaid under the Special Long Term Care eligibility category.  See Section 553.

524 C.      CONDITIONAL BENEFITS

The APAAdult Public Assistance policy regarding conditional benefits at APA Manual Section 433-2 does not apply.  Medicaid does not provide conditional benefits.

524 D.      PROPERTY FOR SALE

The APAAdult Public Assistance policy regarding property up for sale at APA Manual Sections 432-1D and 433-2 does not apply in Medicaid-only determinations.  Medicaid has no exemption for property up for sale.

524 E.      TRANSFER OF RESOURCES

The APAAdult Public Assistance policy regarding transfer of resources at APA Manual Section 433-1 does not apply to Medicaid-only determinations.  See Section 554 for Medicaid transfer of asset policy for institutional or waiver applicants and recipients.  Federal income tax returns are not subject to Medicaid transfer of asset penalty provisions for 12 months from the date the payments are received.  However, payments given away after the exempt period are subject to Medicaid transfer of asset penalty provisions.

524 F.       INSTITUTIONAL ALLOTMENT OF RESOURCES

The APAAdult Public Assistance policy regarding financial responsibility of spouses who no longer live together at APA Manual Section 460-2(A) does not apply to institutional or waiver applicants.  See Section 553-D for resource eligibility determination and allotment of resources policy.

524 g.      INSTITUTIONALIZED INDIVIDUALS WITH SUBSTANTIAL HOME EQUITY

The APAAdult Public Assistance policy regarding exemption of an individual’s home, regardless of its value,  APA Manual Section 432-1, does not apply to institutional or waiver applicants for payment of long-term care services.  See Section 553-C for resource eligibility determination and allotment of resources policy.
 

524 H.     PROMISSORY NOTES, LOANS, AND PROPERTY AGREEMENTS

For transfer of asset purposes only, the APAAdult Public Assistance policy regarding promissory notes, loans, and property agreements.  APA Manual Section 431-2(I) does not apply to institutional or waiver applicants.  See Section 554-H for purchase of promissory notes, land, or mortgages policy.
 

524 I.       LIFE ESTATES

For transfer of asset purposes only, the APAAdult Public Assistance policy regarding life estates.  APA Manual Section 431-1(B)(6) does not apply to institutional or waiver applicants.  See Section 554-J for purchase of life estates policy.

524 J.     RESOURCE LIMIT FOR THE WORKING DISABLED BUY-IN CATEGORY

The APAAdult Public Assistance policy regarding the resource limit at APA Manual Section 430-2 does not apply to the Working Disabled Buy-In category.  See Section 534-B for the resource limit.

524 K.     INDIVIDUAL INDIAN MONEY ACCOUNTS

Funds deposited or held in an Individual Indian Money (IIMIndividual Indian Money) account are excluded.  However, once funds are removed from an IIMIndividual Indian Money account, they become a countable resource.

IIMIndividual Indian Money accounts primarily contain money collected by the federal government from farming and grazing leases, timber sales, mining, oil and gas production, and other activities on trust land, as well as certain per capita distributions. The funds in IIMIndividual Indian Money accounts are held in trust by the federal government for the benefit of individual Indians.

524 L.      ALASKA NATIVE AND AMERICAN INDIAN REAL PROPERTY RESOURCE EXCLUDED

All real property in Alaska owned by an Alaska Native or American Indian is excluded from being a countable resource or as a potential transfer of asset penalty.  This includes land and any structures built on the land.  The real property does not need to be Native restricted land for this exclusion to apply.

If real property has been determined to be excluded as a resource using the policy described above, it should not be counted as a resource for any other household members' Medicaid eligibility.  

524 M.      DINGELL ACT LANDS

Certain Alaska Native Americans who served in the Armed Forces during the period between August 5, 1964, and December 31, 1971 and haven't received a Native Allotment may receive up to 160 acres in Alaska from the Dingell Act.  This land is an exempt resource.