subchapter 23e – medicaid eligibility requirements

 

SECTION .0100 – non-financial requirements

 

10A NCAC 23E .0101       AGE

(a)  Pregnant women and caretaker relatives shall have no age requirement to be eligible for Medicaid.

(b)  Other individuals shall meet one of the following age requirements to qualify for Medicaid:

(1)           Age 65 and above as an aged individual; or

(2)           Under age 65 as a disabled individual; or

(3)           Under age 21.

(c)  The anniversary of birth shall be the method for determining when an age is reached.

(d)  July 1 shall be the date of birth when the year, but not the date of birth is known.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.520; Alexander v. Flaherty Consent Order filed

February 14, 1992;

Eff. September 1, 1984;

Amended Eff. April 1, 1993; August 1, 1990;

Transferred from 10A NCAC 21B .0301 Eff. May 1, 2012.

10A NCAC 23E .0102       UNITED STATES CITIZEN

(a)  The services covered by Medicaid for eligible clients shall be based on citizenship or alien status.

(b)  The following groups who meet all other eligibility criteria shall be eligible for all Medicaid services in the state plan:

(1)           United States citizens; or

(2)           A qualified alien as described in Section 431 of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (P.L. 104-93).

(c)  An alien not identified in Paragraph (b) of this Rule shall be eligible for Medicaid for care and services necessary for the treatment of an emergency condition if:

(1)           The alien requires the care and services after the sudden onset of a medical condition (including labor and delivery) that manifests itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention could result in:

(A)          Placing the patient's health in serious jeopardy; or

(B)          Serious impairment to bodily functions; or

(C)          Serious dysfunction of any bodily organ or part.

(2)           The alien meets all other eligibility requirements for Medicaid.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.402; 8 U.S.C. 1161; 8 U.S.C. 1255a; 42 U.S.C. 1396b(v);

Eff. September 1, 1984;

Amended Eff. August 1, 2000; December 1, 1991; August 1, 1990;

Transferred from 10A NCAC 21B .0302 Eff. May 1, 2012.

 

10A NCAC 23E .0103       RESIDENCE

(a)  The requirements stated in 42 CFR 435.403 shall apply to determine residence in the state except for provisions in Paragraph (b) of this Rule.

(b)  Residents of the state of Georgia who enter a long term care facility in N.C. within 40 miles of the resident state's border shall retain residence in the prior state.  Residents of N.C. who enter a long term care facility in Georgia within 40 miles of the N.C. border retain N.C. residency.

(c)  An individual visiting in the state without intent to remain shall be ineligible for Medicaid.

(d)  An individual who moves to another state and intends to remain living in that state shall not be eligible for N.C. Medicaid.

(e)  County residence:

(1)           Any client who moves from one county to another North Carolina county shall continue to receive assistance if eligible.

(2)           An individual ordinarily has residence in the county in which he resides.  However, if he is in a hospital, mental institution, intermediate care facility, skilled nursing home, boarding home, confinement center or similar facility, the county in which the facility is located shall not be his legal residence.  Except for (e)(3) in this Rule, the county of legal residence shall be the county in which the individual lived in a private living arrangement prior to entering a facility.

(3)           If an individual who became disabled prior to age 18 has remained in a facility, he remains a resident of the county and state in which his parent(s) had residence immediately prior to his reaching age 18.  If, as an adult, he is applying for assistance and it is not possible to trace his county of residence as a minor, he shall establish residence based on his intent to remain regardless of his parent's current legal residence.

(f)  The client's statement shall be accepted as verification unless there is reason to doubt it.  If there is doubt, evaluation of the statement shall be substantiated for:

(1)           Temporary absence by determination of the reason for absence, expected duration of the absence, and continued maintenance of home in county of residence;

(2)           Entering the state for employment purposes by verified employment, contacts with prospective employers, health department records, Employment Security Commission or Rural Manpower office registration, home in another state with lease or other legal agreement for rental or purchase, or documents proving separation from dependents in another state;

(3)           Intent to remain by documents proving disposition of home in prior state, auto registration and drivers license changed to N.C. within 30 days, change in address with former post office or other sources from which income is received and change in voter registration, tax listing;

(4)           Incapability of stating intent by verification of representative payee for benefit payments, receipt of benefits on basis of mental illness or retardation, care is provided in a mental retardation facility or power of attorney or guardian has been appointed for him.

 

History Note:        Authority G.S. 108A-54; G.S. 150B-14(c); 42 C.F.R. 435.403;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0303 Eff. May 1, 2012.

 

10A NCAC 23E .0104       DEPRIVATION

Deprivation shall be due to:

(1)           Death of either parent.

(2)           Physical or mental incapacity of either parent based on a physical or mental defect, illness, or impairment of such a debilitating nature as to reduce or eliminate the parent's ability to support or care for the otherwise eligible child; provided, that the defect, illness, or impairment shall be expected to last for at least 30 days.

(3)           Continued absence of parent for reason other than death or hospitalization, of not more than 12 months, and this absence interferes with the child's receipt of maintenance, physical care, or guidance from his parent and precludes the parent's being counted on for support or care for the child.  Such continued absence may be due to any of the following:

(a)           Divorce;

(b)           Separation;

(c)           Desertion or abandonment;

(d)           Absence from the home for treatment or medical care and the expected duration of the absence will exceed 12 months; and

(e)           Incarceration in an institution.

Temporary absence of the payee relative or of the child from the home shall not affect eligibility, if the absent member of the household has not established another abode of a permanent nature, and the reasons for absence indicate that the absence will be temporary.  A child may be temporarily absent from the home for various reasons, but the responsible relative shall have a plan documented in the record for bringing the child back into the home when the need for his absence has passed. The exercise of parental control and guidance by the relative, rather than the physical presence of the relative or the child in the home, shall be the important factor to be considered.

(4)           Parents living together and not married to each other where the putative father's duty to support the child has not been established.

(5)           Unemployed Status for Two-Parent Families.  The child shall be deprived if both parents are in the home and:

(a)           The parents are eligible for Medicaid because countable income is equal to or less than the appropriate categorically needy income limit as defined in Rule .0203(e) of this Subchapter; or

(b)           The parents are eligible for Medicaid under medically needy eligible criteria by virtue of meeting a deductible based upon income which exceeds the appropriate income limit as defined in Rule .0203(e) of this Subchapter.

 

History Note:        Authority G.S. 108A-28; 108A-54; 42 C.F.R. 435.510; 89 CVS 922;

Eff. September 1, 1984;

Amended Eff. October 1, 1991; August 1, 1990;

Temporary Amendment Eff. August 5, 1999;

Amended Eff. March 19, 2001;

Transferred from 10A NCAC 21B .0304 Eff. May 1, 2012.

 

10A NCAC 23E .0105       DISABILITY

(a)  Individuals eligible for Medicaid in December 1973 as disabled individuals and who meet conditions required by 42 CFR 435.133 shall be permanently and totally disabled based on a physical or mental impairment which substantially precludes him from obtaining gainful employment, and such impairment appears reasonably certain to continue without substantial improvement throughout his life time.

(b)  Any client who has applied for Medicaid since January 1, 1974 on the basis of disability shall be found disabled under the definition of disability and procedures established for evaluation of vocational and medical factors under the supplemental security income program.

(c)  A social history on a form prescribed by the state shall be completed by the Income Maintenance Caseworker and submitted to the Disability Determination Section with the request for disability determination.

(d)  Except for client's receiving social security or supplemental security income on the basis of disability, the decision on disability is made by the Disability Determination Section of the Division of Social Services.

(e)  Social Security Administration (SSA) decisions made for social security disability or supplemental security income shall be adopted for persons applying for Medicaid.

(f)  Disability determination shall be verified from the client's award letter, SDX, BENDEX, Disability Determination Section approval, Administrative Law Judge decision or other documentary evidence.

(g)  Disability for purposes of Medicaid eligibility shall cease when the client is determined by the Social Security Administration or the Disability Determination Section to be capable of engaging in substantial gainful activity.  The client may appeal the termination of Medicaid based on his disability cessation.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.540; 42 C.F.R. 435.541; Alexander v. Flaherty Consent Order filed February 14, 1992;

Eff. September 1, 1984;

Amended Eff. April 1, 1993; August 1, 1990;

Transferred from 10A NCAC 21B .0305 Eff. May 1, 2012.

 

10A NCAC 23E .0106       BLINDNESS

(a)  To qualify for Medicaid under the category of Aid to the Blind, the client shall meet one of the following conditions:

(1)           Was receiving Medicaid on the basis of blindness in December 1973, has been continuously eligible for Medicaid since that date and has been determined by the State disability determination unit to have visual acuity of 20/100 in the better eye with correction or visual field limitation in the better eye of 30 percent or less;

(2)           Has applied for Medicaid since January 1, 1974 and meets the definition of blindness, vocational and medical factors applied under the Supplemental Security Income Program.

(b)  For clients applying for Medicaid since January 1, 1974 blindness shall be determined by one of the following methods:

(1)           Documentary evidence including SDX, BENDEX, or an award letter that social security benefits, supplemental security income or veterans benefits have been awarded on the basis of blindness;

(2)           A written decision from the physician consultant of the Division of Services for the Blind based on review of a medical eye examination report.

(c)  Blindness shall be reverified for clients determined eligible under Paragraph (b) of this Rule at each review of the client's eligibility or when reexamination is recommended by the physician consultant.

(d)  The client shall cease to qualify for Medicaid as blind individual when evidence is received from any of the sources described in Paragraphs (a)(1) or (b) of this Rule that the client no longer meets the definition of blindness.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.530; 42 C.F.R. 435.531;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0306 Eff. May 1, 2012.

 

10A NCAC 23E .0107       CARETAKER RELATIVE

(a)  To qualify for Medicaid as a caretaker relative the individual shall be the natural or adoptive parent or the specified relative living in the household with the child if the caretaker is:

(1)           Pregnant with no other dependent children in her care, or

(2)           Related to an eligible child, who is deprived as described in Rule .0104 of this Section, and

(3)           Provide day to day care and supervision for the child.

(b)  Pregnancy shall be medically verified and the length of pregnancy and expected delivery date indicated on the medical statement.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.310;

Eff. September 1, 1984;

Amended Eff. April 1, 1993; August 1, 1990;

Transferred from 10A NCAC 21B .0307 Eff. May 1, 2012.

 

10a NCAC 23E .0108       INMATE OF PUBLIC INSTITUTION OR PRIVATE PSYCHIATRIC HOSPITAL

Individuals living in a public institution as defined in 10A NCAC 23A .0102, or a privately owned hospital shall be ineligible for Medicaid unless they are:

(1)           Age 65 or over and in a state mental institution, or

(2)           Under age 21 and receiving inpatient psychiatric services, or

(3)           Age 21 through age 64 and in the medical or surgical unit of a state mental hospital.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.1008; 42 C.F.R. 435.1009; S.L. 1987, c. 758, s. 69;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0308 Eff. May 1, 2012.

 

section .0200 – financial requirements

 

10A NCAC 23E .0201       APPLYING FOR ALL BENEFITS AND ANNUITIES

(a)  Clients shall take all necessary steps to obtain any annuities, pensions, retirement and disability benefits to which they are entitled, unless they have good cause for not doing so.

(b)  Good cause is limited to physical or mental incapability to make such effort.

(c)  The amount of any verifiable benefits is counted as income to the client if the amount can be determined.  If the amount cannot be determined, but the availability is verified, the case shall be denied or terminated for client's failure to cooperate.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.603;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0309 Eff. May 1, 2012.

 

10A NCAC 23E .0202       RESERVE

(a)  North Carolina has contracted with the Social Security Administration under Section 1634 of the Social Security Act to provide Medicaid to all SSI recipients.  Resource eligibility for individuals under any Aged, Blind, and Disabled coverage group shall be determined based on standards and methodologies in Title XVI of the Social Security Act except as specified in Paragraphs (k) and (l) of this Rule.  Applicants for and recipients of Medicaid shall use their own resources to meet their needs for living costs and medical care to the extent that such resources can be made available.

(b)  The value of resources currently available to any budget unit member shall be considered in determining financial eligibility.  A resource shall be considered available when it is actually available and when the budget unit member has a legal interest in the resource and he, or someone acting in his behalf, can take any necessary action to make it available.

(c)  Resources shall be excluded in determining financial eligibility when the budget unit member having a legal interest in the resources is incompetent unless:

(1)           A guardian of the estate, a general guardian or an interim guardian has been lawfully appointed and is able to act on behalf of his ward in North Carolina and in any state in which such resources are located; or

(2)           A durable power of attorney, valid in North Carolina and in any state in which such resource is located, has been granted to a person who is authorized and able to exercise such power.

(d)  When there is a guardian, an interim guardian, or a person holding a valid, durable power of attorney for a budget unit member, but such person is unable, fails, or refuses to act promptly to make the resources actually available to meet the needs of the budget unit member, a referral shall be made to the county department of social services for a determination of whether the guardian or attorney in fact is acting in the best interests of the member and if not, the county department of social services shall contact the clerk of court for intervention.  The resources shall be excluded in determining financial eligibility pending action by the clerk of court.

(e)  When a Medicaid application is filed on behalf of an individual who:

(1)           is alleged to be mentally incompetent,

(2)           has or may have a legal interest in a resource that affects the individual's eligibility, and

(3)           does not have a representative with legal authority to use or dispose of the individual's resources, the individual's representative or family member shall be instructed to file within 30 calendar days a judicial proceeding under G.S. 35A to declare the individual incompetent and appoint a guardian.  If the representative or family member either fails to file such a proceeding within 30 calendar days or fails to timely conclude the proceeding, a referral shall be made to the services unit of the county department of social services for guardianship services.  If the allegation of incompetence that has lasted, or is expected to last 30 consecutive days or more, or until the individual's death, is supported by competent evidence, as specified in Paragraph (h) of this Rule, the resources shall be excluded beginning with the date that such evidence indicates that he became incompetent, except as provided in Paragraphs (f) or (g) of this Rule. 

(f)  The budget unit member's resources shall be counted in determining his eligibility for Medicaid beginning the first day of the month following the month a guardian of the estate, general guardian or interim guardian is appointed, provided that after the appointment, property that cannot be disposed of or used except by order of the court shall continue to be excluded until completion of the applicable procedures for disposition specified in G.S. 1 or G.S. 35A.

(g)  When the court rules that the budget unit member is competent or no ruling is made because of the death or recovery of the member, his resources shall be counted except for periods of time for which it can be established by competent evidence specified in Paragraph (h) of this Rule, that the member was in fact incompetent for at least 30 consecutive days, or until his death.  Any such showing of incompetence is subject to rebuttal by competent evidence as specified in Paragraph (h) of this Rule.

(h)  For purposes of this Rule, competent evidence is limited to the written statement or testimony at a competency hearing of a physician, psychologist, nurse, or social worker with knowledge of the condition of the individual, the basis of that knowledge, the beginning date of incompetence, the reason the individual is incompetent, and if no longer incompetent, when the individual recovered competence.

(i)  The limitation of resources held for reserve for the budget unit shall be as follows:

(1)           for Family and Children's related categorically and medically needy cases, three thousand dollars ($3,000.00) per budget unit;

(2)           for aged, blind, and disabled cases, two thousand dollars ($2000.00) for a budget unit of one and three thousand dollars ($3000.00) for a budget unit of two.

(j)  If the value of countable resources of the budget unit exceeds the reserve allowance for the unit, the case shall be ineligible:

(1)           For Family and Children's related cases and aged, blind or disabled cases protected by grandfathered provisions, and medically needy cases not protected by grandfathered provision, eligibility shall begin on the day countable resources are reduced to allowable limits or excess income is spent down, whichever occurs later;

(2)           For categorically needy aged, blind or disabled cases not protected by grandfathered provisions, eligibility shall begin no earlier than the month countable resources are reduced to allowable limits as of the first moment of the first day of the month.

(k)  Resources counted in the determination of financial eligibility for categorically needy aged, blind and disabled cases, and Qualified Medicare Beneficiaries, Specified Low-Income Medicare Beneficiaries, Qualifying Individual and Qualified Disabled Working Individual cases shall be based on resource standards and methodologies in Title XVI of the Social Security Act except for the following methodologies:

(1)           The value of personal effects and household goods shall be not counted.

(2)           Value of tenancy in common interest in real property shall be not counted.

(3)           Value of life estate interest in real property shall be not counted.

(4)           Value of burial plots shall be not counted.

(5)           The cash value of life insurance when the total face value of all cash value bearing life insurance policies does not exceed ten thousand dollars ($10,000.00) shall be not counted.

(l)  Resources counted in the determination of financial eligibility for medically needy aged, blind and disabled cases is based on resource standards and methodologies in Title XVI of the Social Security Act except for the following methodologies:

(1)           The value of personal effects and household goods shall be not counted.

(2)           Value of tenancy in common interest in real property shall be not counted.

(3)           Value of life estate interest in real property is not counted.

(4)           Individuals with resources in excess of the resource limit at the first moment of the month may become eligible at the point that resources are reduced to the allowable limit.

(5)           Value of burial plots shall be not counted.

(6)           The cash value of life insurance when the total face value of all cash value bearing life insurance polities does not exceed ten thousand dollars ($10,000.00) shall be not counted.

(m)  Resources counted in the determination of financial eligibility for categorically needy Family and Children's related cases shall be:

(1)           Cash on hand;

(2)           The balance of savings accounts, including savings of a student saving his earnings for school expenses;

(3)           The balance of checking accounts less the current monthly income that had been deposited to meet the budget unit's monthly needs when reserve was verified;

(4)           The portion of lump sum payments remaining after the month of receipt;

(5)           Cash value of life insurance policies owned by the budget unit;

(6)           Stocks, bonds, mutual fund shares, certificates of deposit and other liquid assets;

(7)           Patient accounts in long term care facilities;

(8)           Equity in non-essential personal property limited to:

(A)          Mobile homes not used as home;

(B)          Boats, boat trailers and boat motors;

(C)          Campers;

(D)          Farm and business equipment;

(E)           Equity in vehicles in excess of one motor vehicle per adult;

(n)  Resources counted in the determination of financial eligibility for medically needy Family and Children's related cases are:

(1)           Cash on hand;

(2)           The balance of savings accounts, including savings of a student saving his earnings for school expenses;

(3)           The balance of checking accounts less the current monthly income that had been deposited to meet the budget unit's monthly needs when reserve was verified or lump sum income from self‑employment deposited to pay annual expenses;

(4)           Cash value of life insurance policies when the total face value of all policies that accrue cash value exceeds one thousand five hundred dollars ($1,500.00);

(5)           Stocks, bonds, mutual fund shares, certificates of deposit and other liquid assets;

(6)           Patient accounts in long term care facilities;

(7)           Equity in non-essential, non-income producing personal property limited to:

(A)          Mobile home not used as home,

(B)          Boats, boat trailers and boat motors,

(C)          Campers,

(D)          Farm and business equipment,

(E)           Equity in motor vehicles in excess of one vehicle per adult if not income-producing.

 

History Note:        Authority G.S. 108A-54; 108A-55; 108A-58; 42 U.S.C. 703, 704 1396; 42 C.F.R. 435.121; 42 C.F.R. 435.210; 42 C.F.R. 435.711; 42 C.F.R. 435.712; 42 C.F.R. 435.734; 42 C.F.R. 435.823; 42 C.F.R. 435.840; 42 C.F.R. 435.841; 42 C.F.R. 435-845; 42 C.F.R. 445.850; 42 C.F.R. 435.851; 45 C.F.R. 233.20; 45 C.F.R. 233.51; S.L. 2002-126;

Eff. September 1, 1984;

Temporary Amendment Eff. September 1, 1985, for a period of 92 days to expire on December 1, 1985;

Amended Eff. January 1, 1995; November 1, 1994; September 1, 1993; March 1, 1993;

Temporary Amendment Eff. September 13, 1999;

Temporary Amendment Expired June 27, 2000;

Temporary Amendment Eff. September 12, 2000;

Amended Eff. March 19, 2001;

Temporary Amendment Eff. April 16, 2001;

Amended Eff. August 1, 2002;

Temporary Amendment Eff. March 1, 2003;

Amended Eff. August 1, 2004;

Transferred from 10A NCAC 21B .0310 Eff. May 1, 2012.

 

10A NCAC 23E .0203       INCOME

(a)  For family and children's cases, income from the following sources shall be counted in the calculation of financial eligibility:

(1)           Unearned.

(A)          RSDI,

(B)          Veteran's Administration,

(C)          Railroad Retirement,

(D)          Pensions or retirement benefits,

(E)           Workmen's Compensation,

(F)           Unemployment Compensation,

(G)          Support Payments,

(H)          Contributions,

(I)            Dividends or interest from stocks, bonds, and other investments,

(J)            Trust fund income,

(K)          Private disability or employment compensation,

(L)           That portion of educational loans, grants, and scholarships for maintenance,

(M)         Work release,

(N)          Lump sum payments,

(O)          Military allotments,

(P)           Brown Lung Benefits,

(Q)          Black Lung Benefits,

(R)          Trade Adjustment benefits,

(S)           SSI when the client is in long term care,

(T)           VA Aid and Attendance when the client is in long term care,

(U)          Foster Care Board payments in excess of state maximum rates for M-AF clients who serve as foster parents,

(V)          Income allocated from an institutionalized spouse to the client who is the community spouse as stated in 42 U.S.C. 1396r-5(d),

(W)         Income allowed from an institutionalized spouse to the client who is a dependent family member as stated in 42 U.S.C. 1396r-5(d),

(X)          Sheltered Workshop Income,

(Y)          Loans if repayment of a loan and not counted in reserve,

(Z)           Income deemed to Family and Children's clients.

(2)           Earned Income.

(A)          Income from wages, salaries, and commissions,

(B)          Farm Income,

(C)          Small business income including self-employment,

(D)          Rental income,

(E)           Income from roomers and boarders,

(F)           Earned income of a child client who is a part-time student and a full-time employee,

(G)          Supplemental payments in excess of state maximum rates for Foster Care Board payments paid by the county to Family and Children's clients who serve as foster parents,

(H)          VA Aid and Attendance paid to a budget unit member who provides the aid and attendance.

(3)           Additional sources of income not listed in Subparagraphs (a)(1) or (2) of this Rule shall be considered available unless specifically excluded by Paragraph (b) of this Rule, or by regulation or statute.

(b)  For family and children's cases, income from the following sources shall not be counted in the calculation of financial eligibility:

(1)           Earned income of a child who is a part-time student but is not a full-time employee;

(2)           Earned income of a child who is a full-time student;

(3)           Incentive payments and training allowances made to WIN training participants;

(4)           Payments for supportive services or reimbursement of out-of-pocket expenses made to volunteers serving as VISTA volunteers, foster grandparents, senior health aides, senior companions, Service Corps of Retired Executives, Active Corps of Executives, Retired Senior Volunteer Programs, Action Cooperative Volunteer Program, University Year for Action Program, and other programs under Titles I, II, and III of Public Law 93-113;

(5)           Foster Care Board payments equal to or below the state maximum rates for Family and Children's clients who serve as foster parents;

(6)           Income that is unpredictable, i.e., unplanned and arising only from time to time.  Examples include occasional yard work and sporadic babysitting;

(7)           Relocation payments;

(8)           Value of the coupon allotment under the Food Stamp Program;

(9)           Food (vegetables, dairy products, and meat) grown by or given to a member of the household.  The amount received from the sale of home grown produce is earned income;

(10)         Benefits received from the Nutrition Program for the Elderly;

(11)         Food Assistance under the Child Nutrition Act and National School Lunch Act;

(12)         Assistance provided in cash or in kind under any governmental, civic, or charitable organization whose purpose is to provide social services or vocational rehabilitation.  This includes V.R. incentive payments for training, education and allowance for dependents, grants for tuition, chore services under Title XX of the Social Security Act, VA aid and attendance or aid to the home bound if the individual is in a private living arrangement;

(13)         Loans or grants such as the GI Bill, civic, honorary and fraternal club scholarships, loans, or scholarships granted from private donations to the college, etc., except for any portion used or designated for maintenance;

(14)         Loans, grants, or scholarships to undergraduates for educational purposes made or insured under any program administered by the U.S. Department of Education;

(15)         Benefits received under Title VII of the Older Americans Act of 1965;

(16)         Payments received under the Experimental Housing Allowance Program (EHAP);

(17)         In-kind shelter and utility contributions paid directly to the supplier.  For Family and Children's cases, shelter, utilities, or household furnishings made available to the client at no cost;

(18)         Food/clothing contributions in Family and Children's cases (except for food allowance for persons temporarily absent in medical facilities up to 12 months);

(19)         Income of a child under 21 in the budget unit who is participating in JTPA and is receiving as a child;

(20)         Housing Improvement Grants approved by the N.C. Commission of Indian Affairs or funds distributed per capital or held in trust for Indian tribe members under P.L. 92-254, P.L. 93-134 or P.L. 94-540;

(21)         Payments to Indian tribe members as permitted under P.L. 94-114;

(22)         Payments made by Medicare to a home renal dialysis patient as medical benefits;

(23)         SSI except for individuals in long term care;

(24)         HUD Section 8 benefits when paid directly to the supplier or jointly to the supplier and client;

(25)         Benefits received by a client who is a representative payee for another individual who is incompetent or incapable of handling his affairs.  Such benefits must be accounted for separate from the payee's own income and resources;

(26)         Special one time payments such as energy, weatherization assistance, or disaster assistance that is not designated as medical;

(27)         The value of the U.S. Department of Agriculture donated foods (surplus commodities);

(28)         Payments under the Alaska Native Claims Settlement Act, Public Law 92-203;

(29)         Any payment received under Title II of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;

(30)         HUD Community Development Block Grant funds received to finance the renovation of a privately owned residence;

(31)         Reimbursement for transportation expenses incurred as a result of participation in the Community Work Experience Program or for use of client's own vehicle to obtain medical care or treatment;

(32)         Adoption assistance;

(33)         Incentive payments made to a client participating in a vocational rehabilitation program;

(34)         Title XX funds received to pay for services rendered by another individual or agency;

(35)         Any amount received as a refund of taxes paid;

(36)         The first fifty-dollars ($50) of each child support/spousal obligation or military allotment paid monthly to the budget unit in a private living arrangement.

(c)  For aged, blind, and disabled cases, income counted in the determination of financial eligibility is based on standards and methodologies in Title XVI of the Social Security Act.

(d)  For aged, blind, and disabled cases, income from the following sources shall not be counted:

(1)           Any Cost of Living Allowance (COLA) increase or receipt of RSDI benefit which resulted in the loss of SSI for those individuals described in 10A NCAC 23D .0101(17).

(2)           Earnings for those individuals who have a plan for achieving self-support (PASS) that is approved by the Social Security Administration.

(e)  Income levels for purposes of establishing eligibility are those amounts approved by the N.C. General Assembly and stated in the Appropriations Act for categorically needy and medically needy classifications, except for the following:

(1)           The income level shall be reduced by one-third when an aged, blind or disabled individual lives in the household of another person and does not pay his proportionate share of household expenses. The one-third reduction shall not apply to children under nineteen years of age who live in the home of their parents;

(2)           An individual living in a long term care facility or other medical institution shall be allowed as income level deduction for personal needs described under Rule .0204 (Personal Needs Allowance) of this Section;

(3)           The categorically needy income level for an aged, blind, and disabled individual or couple is 100% of the Federal Poverty Level;

(4)           The income level to be applied for Qualified Medicare Beneficiaries described in 42 U.S.C. 1396d and individuals described in 42 U.S.C. 1396e is based on the income level for one; or two for a married couple who live together and both receive Medicare.

 

History Note:        Filed as a Temporary Rule Effective July 1, 1987, for a period of 120 days to expire on October 31, 1987;

Authority G.S. 108A-25(b); 108A-61; 42 C.F.R. 435.135; 42 C.F.R 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 42 C.F.R. 435.811; 42 C.F.R. 435-812; 42 C.F.R. 435.831; 42 C.F.R. 435.832; 42 C.F. 435.1007; 45 C.F.R. 233.20; 42 U.S.C 1383c(b); 42 U.S.C 1383c(d); P.L. 99-272; Section 12202; Alexander v. Flaherty Consent Order filed February 14, 1992;

Eff. September 1, 1984;

Amended Eff. January 1, 1996; January 1, 1995; September 1, 1994; September 1, 1993;

Temporary Amendment Eff. February 23, 1999;

Amended Eff. August 1, 2000;

Transferred from 10A NCAC 21B .0312 Eff. May 1, 2012.

 

10A NCAC 23E .0204       PERSONAL NEEDS ALLOWANCE

An individual living in a long term care facility or other medical institution shall be allowed an amount for personal needs.  The personal needs allowance is the sum of the following, but not to exceed the income maintenance level provided by statute for a single individual (or a couple, if in the same LTC room) in a private living arrangement.

(1)           Standard Personal Needs Amount:

(a)           A thirty dollar ($30.00) deduction for one individual; or

(b)           Sixty dollar ($60.00) deduction for a married couple in the same long term care facility; or

(c)           Ninety dollar ($90.00) deduction for a veteran (or the surviving spouse of a veteran) with no living dependents whose pension has been reduced to ninety dollars ($90.00) by the Veterans Administration;

(2)           Individuals With Greater Need:

(a)           Work Incentive Allowance:  Individuals who reside in an ICF or ICF-MR facility and who are regularly engaged in work activities as part of their developmental plan for which they receive otherwise countable wages shall be allowed an incentive deduction in the following amounts:

 

Monthly Net Wages                                                                            Incentive Allowance

 

$    1 to $100                                                                                        Up to $50

$101 to $200                                                                                        $ 80

$201 to $300                                                                                        $130

$301 and greater                                                                                 $212

 

(b)           Guardianship fees:  Individuals, for whom a guardian of the estate has been named by the court, shall be allowed, for payment of guardianship fees, whichever of the following amounts is less:

(i)            10% of total monthly income from all sources, both earned and unearned; or

(ii)           Twenty-five dollars ($25.00) per month.

 

History Note:        Authority G.S. 108A-25(b); 42 C.F.R. 435.135; 42 C.F.R. 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 42 C.F.R. 435.831; 42 U.S.C. 1383c(b); 42 U.S.C. 1383c(d);

Eff. September 1, 1994;

Transferred from 10A NCAC 21B .0313 Eff. May 1, 2012.

 

10A NCAC 23E .0205       BUDGET UNIT MEMBERSHIP

Individuals who are required by law to be financially responsible for the support of each other or other dependents shall be included in the budget unit.

 

History Note:        Authority G.S. 108A-54; 108A-80; 42 C.F.R. 435.602; 45 C.F.R. 233.51;

Eff. September 1, 1984;

Amended Eff. August 1, 1990;

Transferred from 10A NCAC 21B .0401 Eff. May 1, 2012.

 

10A NCAC 23E .0206       FINANCIAL RESPONSIBILITY AND DEEMING

The income and resources of financially responsible persons are deemed available to the applicant or recipient in the following situations:

(1)           For aged, blind, and disabled individuals in a private living arrangement, financial responsibility and deeming of income and resources is based on methodologies in Title XVI of the Social Security Act.  This applies to:

(a)           spouses when living together or temporarily absent;

(b)           parents for disabled or blind children under age 18 who are living in the household with them or temporarily absent.

(2)           For aged, blind, and disabled individuals in a long term care living arrangement, financial responsibility and deeming of income is based on methodologies in Title XVI of the Social Security Act.  This applies to:

(a)           spouse to spouse only for the month of entry into a long term care facility;

(b)           parents for dependent children under age 18 in skilled nursing facilities, intermediate care facilities, intermediate care facilities for the mentally retarded, or hospitals whose care and treatment is not expected to exceed 12 months as certified by the patient's physician.

(3)           For aged, blind, and disabled individuals in a long term care living arrangement who have a spouse living in the community, treatment of income and resources is consistent with Section 1924 of the Social Security Act.

(4)           For AFDC related cases, except pregnant women described at 42 U.S.C. 1396(1), financial responsibility exists for:

(a)           spouses when living together or one spouse is temporarily absent in long term care;

(b)           parents for dependent children under age 21 living in the home with them or temporarily absent;

(c)           parents for dependent children under age 21 in nursing facilities or intermediate care facilities for the mentally retarded except when such care and treatment is expected to exceed 12 months as certified in writing by their attending physician;

(d)           parents for dependent children under age 21, in institutions for medical, surgical or inpatient psychiatric care, including inpatient treatment for substance abuse except when such care and treatment is expected to exceed 12 months as certified in writing by their attending physician and approved by the Division of Medical Assistance; and

(5)           For pregnant women described at 42 U.S.C. 1396(1) financial responsibility exists for:

(a)           The pregnant woman's spouse if living in the home or temporarily absent from the home;

(b)           The father of the unborn child if not married to the pregnant woman but living in the home and acknowledging paternity of the unborn child.

(6)           Parental financial responsibility for children in private living arrangements or long term care facilities for whom the county has legal custody or placement responsibility is based on court ordered support and voluntary contributions from the parents.

 

History Note:        Authority G.S. 108A-54; 143-127.1; S.L. 1983, c. 761, s. 60(6); S.L. 1983, c. 1034; S.L. 1983, c. 1116; 42 C.F.R. 435.602; 42 C.F.R. 435.712; 42 C.F.R. 435.734; 42 C.F.R. 435.821; 42 C.F.R. 435.823;

Eff. September 1, 1984;

Temporary Amendment Eff. April 1, 1990 for a period of 180 days to expire on September 30, 1990;

Amended Eff. January 1, 1995; September 1, 1992; October 1, 1990; August 1, 1990;

Temporary Amendment Eff. January 1, 2003;

Temporary Amendment Expired October 12, 2003;

Transferred from 10A NCAC 21B .0402 Eff. May 1, 2012.

 

10A NCAC 23E .0207       RESERVE

(a)  The value of resources held by the client or by a financially responsible person shall be considered available to the client in determining countable reserve for the budget unit.

(b)  Jointly owned resources shall be counted as follows:

(1)           The value of resources owned jointly with a non-financially responsible person who is a recipient of another public assistance budget unit shall be divided equally between the budget units;

(2)           The value of liquid assets and personal property owned jointly with a non-financially responsible person who is not a client of another public assistance budget unit shall be available to the budget unit member if he can dispose of the resource without the consent and participation of the other owner or the other owner consents to and, if necessary, participates in the disposal of the resource;

(3)           The client's share of the value of real property owned jointly with a non-financially responsible person who is not a member of another public assistance budget unit shall be available to the budget unit member if he can dispose of his share of the resource without the consent and participation of the other owner or the other owner consents to and, if necessary, participates in the disposal of the resource.

(c)  The terms of a separation agreement, divorce decree, will, deed or other legally binding agreement or legally binding order shall take precedence over ownership of resources as stated in (a) and (b) of this Rule, except as provided in Paragraph (k) of this Rule.

(d)  For all aged, blind, and disabled cases, the resource limit, financial responsibility, and countable and non-countable assets are based on standards and methodology in Title XVI of the Social Security Act except as specified in Items (4) and (5) in Rule .0202 of this Section.

(e)  Countable resources for Family and Children's related cases shall be determined as follows:

(1)           The resources of a spouse, who is not a stepparent, shall be counted in the budget unit's reserve allowance if the spouses live together or one spouse is temporarily absent in long term care and the spouse is not a member of another public assistance budget unit;

(2)           The resources of a client and a financially responsible parent or parents shall be counted in the budget unit's reserve limit if the parents live together or one parent is temporarily absent in long term care and the parent is not a member of another public assistance budget unit;

(3)           The resources of the parent or parents shall not be considered if a child under age 21 requires care and treatment in a medical institution and his physician certifies that the care and treatment are expected to exceed 12 months.

(f)  Real property shall be excluded from countable resources for Family and Children's related cases.

(g)  One motor vehicle per adult shall be excluded for Family and Children's related cases.

(h)  For medically needy family and children’s related cases, income producing vehicles and personal property shall be excluded from countable resources.

(i)  For family and children's related cases the value of non-excluded motor vehicles is the Current Market Value, less encumbrances.  If the applicant/recipient disagrees with the assigned value, he has the right to rebut the value.

(j)  For a married individual:

(1)           Resources available to the individual are available to his or her spouse who is a noninstitutionalized applicant or recipient and who is either living with the individual or temporarily absent from the home, irrespective of the terms of any will, deed, contract, antenuptial agreement, or other agreement, and irrespective of whether or not the individual actually contributed the resources to the applicant or recipient.  All resources available to an applicant or recipient under this Section must be considered when determining his or her countable reserve.

(2)           For an institutionalized spouse as defined in 42 U.S.C. 1396r-5(h), available resources shall be determined in accordance with 42 U.S.C. 1396r-5(c), except as specified in Paragraph (m) of this Rule.

(k)  For an institutionalized individual, the availability of resources are determined in accordance with 42 U.S.C. 1396r-5. Resources of the community spouse are not counted for the institutionalized spouse when:

(1)           Resources of the community spouse cannot be determined or cannot be made available to the institutionalized spouse because the community spouse cannot be located; or

(2)           The couple has been continuously separated for 12 months at the time the institutionalized spouse enters the institution.

 

History Note:        Authority G.S. 108A-54; 108A-55; S.L. 1983, c. 1116; 42 U.S.C. 1396r-5; 42 U.S.C. 1396a(a)(17); 42 U.S.C. 1396a(a)(51); 42 C.F.R. 435.602; 42 C.F.R. 435.711; 42 C.F.R. 435.712; 42 C.F.R. 435.723; 42 C.F.R. 435.734; 42 C.F.R. 435.821; 42 C.F.R. 435.822; 42 C.F.R. 435.823; 42 C.F.R. 435.845; 45 C.F.R. 233.20; 45 C.F.R. 233.51; Deficit Reduction Act of 1984 (P.L. 98-369), Section 2373; Correll v. DSS/DMA/DHR, No. 406PA91 (North Carolina Supreme Court); Schweiker v. Gray Panthers, 453 U.S. 34, 101 S.Ct. 2633, 69 L. Ed.2d 460 (1981);

Eff. September 1, 1984;

Amended Eff. January 1, 1995; November 1, 1994; September 1, 1993; April 1, 1993;

Temporary Amendment Eff. September 13, 1999;

Temporary Amendment Expired June 27, 2000;

Temporary Amendment Eff. September 12, 2000;

Amended Eff. August 1, 2002;

Transferred from 10A NCAC 21B .0403 Eff. May 1, 2012.

 

10A NCAC 23E .0208       INCOME

(a)  Income that is actually available and that which the client or someone acting in his behalf can legally make available for support and maintenance shall be counted as income.

(b)  Only income actually available or predicted to be available to the budget unit for the certification period for which eligibility is being determined shall be counted as income.

(c)  For aged, blind, and disabled cases allowable disregards from income are based on Title XVI of the Social Security Act.

(d)  Deductions subtracted after disregards are:

(1)           Child or incapacitated adult care not to exceed one hundred and seventy-five dollars ($175.00) per child over two years of age or adult or two hundred dollars ($200.00) per child under two years of age for Family and Children's related cases.

(2)           A standard deduction of ninety dollars ($90.00) from the total earned income of each budget unit member for Family and Children's related cases.

(3)           For aged, blind, and disabled cases allowable deductions from income are based on Title XVI of the Social Security Act.

(e)  Except for M-PW wages, wage deductions and work-related expenses shall be calculated by converting the average amount per pay period into a monthly amount:

(1)           If paid weekly, multiply by 4.3.

(2)           If paid bi-weekly, multiply by 2.15.

(3)           If paid semi-monthly, multiply by 2.

(4)           If paid monthly, use the monthly gross.

(5)           If salaried, and contract renewed annually, divide annual income etc. by 12.

(f)  For M-PW cases, the budget unit's actual income for the calendar month of eligibility shall be verified.

 

History Note:        Authority G.S. 108A-25(b); 42 C.F.R. 435.121; 42 C.F.R. 435.401; 42 C.F.R. 435.603; 42 C.F.R. 435.731; 42 C.F.R. 435.732; 42 C.F.R. 435.734; 42 C.F.R. 435.812; 42 C.F.R. 435.831; 45 C.F.R. 435.845; 45 C.F.R. 435.851; 45 C.F.R. 233.20; 45 C.F.R. 233.51;

Eff. September 1, 1984;

Amended Eff. January 1, 1995; August 1, 1990; March 1, 1986;

Temporary Amendment Eff. August 22, 1996;

Amended Eff. August 1, 1998;

Transferred from 10A NCAC 21B .0404 Eff. May 1, 2012.

 

10A NCAC 23E .0209       DEDUCTIBLE

(a)  Deductible shall apply to a client in the following arrangements:

(1)           In the community, in private living quarters; or

(2)           In a residential group facility; or

(3)           In a long term care living arrangement when the client:

(A)          Has enough income monthly to pay the Medicaid reimbursement rate for 31 days, but does not have enough income to pay the private rate plus all other anticipated medical costs; or

(B)          Is under a sanction due to a transfer of resources as specified in 10A NCAC 21B .0311; or

(C)          Does not yet have documented prior approval for Medicaid payment of nursing home care; or

(D)          Resided in a newly certified facility in the facility's month of certification; or

(E)           Chooses to remain in a decertified facility beyond the last date of Medicaid payment; or

(F)           Is under a Veterans Administration (VA) contract for payment of cost of care in the nursing home.

(b)  The client or his representative shall be responsible for providing bills, receipts, insurance benefit statements or Medicare EOB to establish incurred medical expenses and his responsibility for payment.  If the client has no representative and he is physically or mentally incapable of accepting this responsibility, the county shall assist him.

(c)  Expenses shall be applied to the deductible when they meet the following criteria:

(1)           The expenses are for medical care or service recognized under state or federal tax law;

(2)           The are incurred by a budget unit member;

(3)           They are incurred:

(A)          During the certification period for which eligibility is being determined and the requirements of Paragraph (d) of this Rule are met; or

(B)          Prior to the certification period and the requirements of Paragraph (e) of this Rule are met.

(d)  Medical expenses incurred during the certification period shall be applied to the deductible if the requirements in Paragraph (c) of this Rule are met and:

(1)           The expenses are not subject to payment by any third party including insurance, government agency or program except when such program is entirely funded by state or local government funds, or private source; or

(2)           The private insurance has not paid such expenses by the end of the application time standard; or

(3)           For certified cases, the insurance has not paid by the time that incurred expenses equal the deductible amount; or

(4)           The third party has paid and the client is responsible for a portion of the charges.

(e)  The unpaid balance of a Medical expense incurred prior to the certification period shall be applied to the deductible if the requirements in Paragraph (c) of this Rule are met and:

(1)           The medical expense was:

(A)          Incurred within 24 months immediately prior to:

(i)            The month of application for prospective or retroactive certification period or both; or

(ii)           The first month of any subsequent certification period; or

(B)          Incurred prior to the period described in Subparagraph (e)(1)(A) of this Rule; and a payment was made on the bill during that period; and

(2)           The medical expense:

(A)          Is a current liability;

(B)          Has not been applied to a previously met deductible; and

(C)          Insurance has paid any amount of the expense covered by the insurance.

(f)  Incurred medical expenses shall be applied to the deductible in chronological order of charges except that:

(1)           If medical expenses for Medicaid covered services and non-covered services occur on the same date, apply charges for non-covered services first; and

(2)           If both hospital and other covered medical services are incurred on the same date, apply hospital charges first; and

(3)           If a portion of charges is still owed after insurance payment has been made for lump sum charges, compute incurred daily expense to be applied to the deductible as follows:

(A)          Determine average daily charge excluding discharge date from hospitals; and

(B)          Determine average daily insurance payment for the same number of days; and

(C)          Subtract average daily insurance payment from the average daily charge to establish client's daily responsibility.

(g)  Eligibility shall begin on the day that incurred medical expenses reduce the deductible to $0, except that the client is financially liable for the portion of medical expenses incurred on the first day of eligibility that were applied to reduce the deductible to $0.  If hospital charges were incurred on the first day of eligibility, notice of the amount of those charges applied to meet the deductible shall be sent to the hospital for deduction on the hospital's bill to Medicaid.

(h)  The receipt of proof of medical expenses and other verification shall be documented in the case record.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.732; 42 C.F.R. 435.831; Alexander v. Flaherty, U.S.D.C., W.D.N.C., File Number C-C-74-483; Alexander v. Flaherty Consent Order filed February 14, 1992;

Eff. September 1, 1984;

Amended Eff. June 1, 1994; September 1, 1993; April 1, 1993; August 1, 1990;

Transferred from 10A NCAC 21B .0406 Eff. May 1, 2012.

 

10a NCAC 23E .0210       PATIENT LIABILITY

(a)  Patient liability shall apply to clients who live in facilities for skilled nursing, intermediate nursing, intermediate nursing for mental retardation or other medical institutions.

(b)  The client's patient liability for cost of care shall be computed as a monthly amount after deducting the following from his total income:

(1)           An amount for his personal needs as established under Rule .0204 of this Section;

(2)           Income given to the community spouse to provide him a total monthly income from all sources, equal to the "minimum monthly maintenance needs allowance" as defined in 42 U.S.C. 1396r-5(d)(3)(A)(i);

(3)           Income given to family members described in 42 U.S.C. 1396r-5(d)(1), to provide each, from all sources of income, a total monthly income equal to:

(A)          One-third of the amount established under 42 U.S.C. 1396r-5(d)(3)(A)(i); or

(B)          Where there is no community spouse, an amount for the number of dependents, based on the income level for the corresponding budget unit number, as approved by the NC General Assembly and stated in the Appropriations Act for categorically and medically needy classifications;

(4)           The income maintenance level provided by statute for a single individual in a private living arrangement with no spouse or dependents at home, for whom the physician of record has provided a written statement that the required treatment is such that the patient is expected to return home within six months, shall be allowed;

(5)           An amount for unmet medical needs as determined under Paragraph (f) of this Rule.

(c)  Patient liability shall apply to institutional charges incurred from the date of admission or the first day of the month as appropriate and shall not be prorated by days if the client lives in more than one institution during the month.

(d)  The county department of social services shall notify the client, the institution and the state of the amount of the monthly liability and any changes or adjustments.

(e)  When the patient liability as calculated in Paragraph (b) of this Rule exceeds the Medicaid reimbursement rate for the institution for a 31 day month:

(1)           The patient liability shall be the institution's Medicaid reimbursement rate for a 31 day month;

(2)           The client shall be placed on a deductible determined in accordance with Federal regulations and Rules .0208 and .0209 of this Section and 10A NCAC 23G .0101.

(f)  The amount deducted from income for unmet medical needs shall be determined as follows:

(1)           Unmet medical needs shall be the costs of:

(A)          Medical care covered by the program but that exceeds limits on coverage of that care and that is not subject to payment by a third party;

(B)          Medical care recognized under State and Federal tax law that is not covered by the program and that is not subject to payment by a third party; and

(C)          Medicare and other health insurance premiums, deductibles, or coinsurance charges that are not subject to payment by a third party.

(2)           The amount of unmet medical needs deducted from the patient's monthly income shall be limited to monthly charges for Medicare and other health insurance premiums.

(3)           The actual amount of incurred costs which are the patient's responsibility shall be deducted when reported from the patient's liability for one or more months.

(4)           Incurred costs shall be reported by the end of the six month Medicaid certification period following the certification period in which they were incurred.

 

History Note:        Authority G.S. 108A-54; 42 C.F.R. 435.732; 42 C.F.R. 435.733; 42 C.F.R. 435.831;

42 C.F.R. 435.832; 42 U.S.C. 1396r-5;

Eff. September 1, 1984;

Amended Eff. September 1, 1994; March 1, 1991; August 1, 1990; March 1, 1990;

Transferred from 10A NCAC 21B .0407 Eff. May 1, 2012.

 

10A NCAC 23E .0211       ALIEN SPONSOR DEEMING

(a)  For purposes of this Rule, a sponsored alien is an alien lawfully admitted for permanent residence sponsored by an individual who has signed an Affidavit of Support required by the Bureau of Citizenship and Immigration Services.

(b)  For purposes of this Rule, a sponsor is a person who signed an Affidavit of Support on behalf of an alien as a condition of the alien's entry or admission to the United States.  The sponsor is financially responsible for the alien so the sponsor’s income must be counted in determining an alien's eligibility for medical assistance.

(c)  An indigent alien is exempt from Paragraph (b) of this Rule if the sum of Subparagraphs (1), (2), and (3) of this Paragraph does not exceed 130 percent of the poverty income guidelines.

(1)           The sum of the sponsored alien’s own income;

(2)           The cash contributions of the sponsor and others; and

(3)           The value of any in-kind assistance the sponsor and others provide the alien.

(d)  The countable income of a sponsor is determined in accordance with Rules .0203 and .0208 of this Section. Rule .0206 of this Section applies for situations in which the sponsor is the spouse or a parent.

(e)  The countable resources of a sponsor are determined in accordance with 10A NCAC 21B .0311 and Rule .0207 of this Section.

(f)  Third party verification of the following is required for:

(1)           sponsorship;

(2)           a sponsor's income; and

(3)           a sponsor's resources. 

The application shall be denied if verification is not received by the processing deadline.

 

History Note:        Authority G.S. 108A-25(b); 108A-54; 108A-55; P.L. 104-208; P.L. 105-33;

Temporary Adoption Eff. July 3, 2003;

Eff. March 1, 2004;

Transferred from 10A NCAC 21B .0410 Eff. May 1, 2012.