C.F.R. » Title 42 » CHAPTER IV—CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF HEALTH AND HUMAN SERVICES › SUBCHAPTER C—MEDICAL ASSISTANCE PROGRAMS › PART 435—ELIGIBILITY IN THE STATES, DISTRICT OF COLUMBIA, THE NORTHERN MARIANA ISLANDS, AND AMERICAN SAMOA › Subpart I—Specific Eligibility and Post-Eligibility Financial Requirements for the Medically Needy

42 C.F.R. § 435.845

Medically needy resource eligibility

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To determine eligibility on the basis of resources for medically needy individuals, the agency must:

(a) Consider only the individual's resources and those that are considered available to him under the financial responsibility requirements for relatives in § 435.602.

(b) Deduct the amounts that would be deducted in determining resource eligibility for the medically needy group as provided for in § 435.601 or under the criteria of States using more restrictive criteria than SSI as provided for in § 435.121. In determining the amount of an individual's resources for Medicaid eligibility, States must count amounts of resources that otherwise would not be counted under the conditional eligibility provisions of the SSI or AFDC programs.

(c) Apply the resource standard specified under § 435.840.

[58 FR 4933, Jan. 19, 1993]
Notes of Decisions
Cited in 11 cases, 1984–1996 · leading case: Ross v. Giardi
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Ross v. Giardi (1996) conn · cites it 2× “” 42 C.F.R. § 435.845 (1992). Thus, the regulation required the state to deduct from the applicant’s resources the amounts that would be deducted under the § 209 (b) state’s more restrictive requirements for its categorically needy program.”
Haley v. Commissioner of Public Welfare (1985) mass “42 C.F.R. § 435.845 (1984). Prior to medicaid action transmittal No.”
Matarazzo v. Rowe (1993) conn “42 C.F.R. § 435.845 ; 12 Morris v. Morrow, supra, 456 ; Winter v.”
Ramsey v. Department of Human Services (1990) ark “832 (1987), and for determining “medically needy” resource eligibility, codified in Public Health, 42 C.F.R. § 435.845 (1987). Similarly, the federal regulations governing “Optional Coverage of the Medically Needy,” provide in Public Health, 42 C.”
Tannler v. State Department of Health & Social Services (1996) wisctapp · cites it 2× “§ 1396a(a)(17); 42 C.F.R. § 435.845 . An individual is prohibited from divesting himself or herself of assets in order to meet these limits.”
Morris v. Morrow (1986) ca4 · cites it 2× “Had the district court correctly understood that it was not a “standard”, it would have relied upon 42 C.F.R. § 435.845 (e), which outlines the determination of eligibility on the basis of resources for the medically needy, rather than 42 C.”
Bleazard v. Utah Department of Health, Division of Health Care Financing (1993) utahctapp “” 42 C.F.R. § 435.845 (a). “The agency must consider the parent’s .”
Hamer v. Department of Human Services (1985) dc “DHS complied with this directive and eliminated the “spend-down” provision in connection with the determination of a Medicaid applicant’s resource eligibility.”
Granito v. Sunn (1984) hid “§ 1396a(a)(17)(B) and 42 C.F.R. § 435.845 (b), which provide that the state may only consider resources that are available in determining eligibility for the medically needy program.”
Golis v. Rubin (1994) hid “§ 1396a(a)(17)(B); 42 C.F.R. § 435.845 . 1. Good Faith Attempts to Sell In 1984, Congress required AFDC recipients to make a good faith effort to sell nonresident real property within six months as a condition of eligibility, i.”
Correll v. Division of Social Services (1991) ncctapp “” 42 C.F.R. § 435.845 (a) and (b) (1990). Analogous federal regulations require state plans for family assistance to “[s]pecify the amount and types of real and personal property, including liquid assets, that may be ‘reserved,’ i.”
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