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Rule Title: CONDITIONAL MEDICAL ASSISTANCE, ELIGIBILITY
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Department: PUBLIC HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Chapter: MEDICAID ELIGIBILITY
Subchapter: General Non-Financial And Financial Eligibility Requirements for the Categorically Needy and the Medically Needy
 
Latest version of the adopted rule presented in Administrative Rules of Montana (ARM):

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37.82.423    CONDITIONAL MEDICAL ASSISTANCE, ELIGIBILITY

(1) Medicaid applicants may qualify for assistance conditioned on the sale, at current market value, of excess nonliquid resources.

(2) To be eligible for conditional assistance an applicant must:

(a) be categorically eligible by reason of being:

(i) age 65 or older;

(ii) blind; or

(iii) disabled;

(b) have or apply for a social security number;

(c) meet the citizenship or alienage requirements of ARM 37.82.401;

(d) meet the residency requirements of ARM 37.82.402;

(e) have total countable resources which exceed the SSI-related resource standard of ARM 37.82.1110;

(f) not have countable liquid resources exceeding three times the appropriate federal supplemental security income monthly benefit payment standard at the time of application;

(g) make reasonable efforts to sell the resources as defined in (3) within the conditional assistance period specified in (4); and

(h) enter into a written agreement to use the net proceeds of the sale of the excess nonliquid resources to refund to the department conditional medical assistance payments paid on the applicant's behalf.

(3) "Reasonable efforts to sell" means:

(a) list the property for sale at market value or less with an agent; or

(b) begin advertising the property for sale at market value or less in at least one of the appropriate local media;

(c) place a "For Sale" sign on the property;

(d) begin conducting "open houses" or otherwise show the property to interested parties on a continuous basis; and

(e) attempt any other appropriate methods of sale.

(4) Conditional assistance may be provided to an eligible applicant for up to three months while attempting to dispose of excess personal property, and up to nine months while attempting to dispose of excess real property. An additional three months of conditional assistance may be provided to an applicant when the department determines that the sale of the resource has been prevented by circumstances beyond the applicant's control.

(5) The amount of conditional medical assistance to be refunded to the department is equal to the lesser of:

(a) balance of the net proceeds after an amount is deducted to raise the applicant's and spouse's, if any resources to the applicable resource limit; or

(b) total conditional medical assistance payments made on the applicant's and spouse's, if any, behalf.

History: 53-6-113, MCA; IMP, 53-6-101, 53-6-131, MCA; NEW, 1991 MAR p. 1045, Eff. 6/28/91; TRANS, from SRS, 2000 MAR p. 476; EMERG, AMD, 2003 MAR p. 652, Eff. 4/11/03.


 

 
MAR Notices Effective From Effective To History Notes
4/11/2003 Current History: 53-6-113, MCA; IMP, 53-6-101, 53-6-131, MCA; NEW, 1991 MAR p. 1045, Eff. 6/28/91; TRANS, from SRS, 2000 MAR p. 476; EMERG, AMD, 2003 MAR p. 652, Eff. 4/11/03.
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