This article is a section taken from MA for People Who Are Age 65 or Older or People Who Are Blind or Have a Disability (MA-ABD), a part of the revisions and additions to the Minnesota Health Care Program Eligibility Policy Manual.
Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) Income Deeming
To deem income is to count one person’s income in the calculation of another person’s income. This policy indicates whose income must be deemed to a person for Medical Assistance for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD).
This policy also applies to Medicare Savings Programs (MSP). See the MSP chapter for more information.
Income deeming requirements are not the same as household composition rules. People may be counted in a person’s household size without having their income deemed to another member of a household.
Whose income is deemed to a person is determined separately for each person.
Income of a Spouse
Except in the situations noted below, the income of a spouse is deemed to a person if the spouses live together. If a person is not divorced but is legally separated from their spouse, and continues to live in the same household, the spouse’s income is deemed.
In the following situations, the income of a spouse is not deemed to the person:
- The spouses do not live together.
- Determining eligibility for Medical Assistance for Employed People with Disabilities (MA-EPD). See the MA-EPD policy section for more information about MA-EPD eligibility.
- The person was enrolled in MA-EPD for 24 consecutive months before the month in which they turn age 65 and there has not been a break in MA coverage of more than one calendar month.
- The person is on a Community Access for Disability Inclusion (CADI), Community Alternative Care (CAC), Developmental Disabilities (DD) or Brain Injury (BI) waiver.
Income of a Parent
Sponsor deeming does not apply to sponsored noncitizens when:
- The noncitizen is under age 21
- The noncitizen is pregnant. This exception ends when the sponsored pregnant woman’s 60-day postpartum period ends. Sponsor deeming applies the month following the end of the postpartum period.
- The noncitizen has sponsorship deferred by USCIS when their immigration status is changed to Battered Noncitizen
- If the noncitizen needs placement in a facility and placement is jeopardized by the sponsor’s failure or inability to provide support, or inability of the client to locate the sponsor
Income of a sponsor and the sponsor’s spouse is deemed to each noncitizen covered by the affidavit regardless of whether the sponsor actually contributes to the noncitizen’s household needs. Income is deemed even if the sponsor or the sponsor’s spouse are receiving public assistance in Minnesota or another state.
The following sponsor and sponsor’s spouse’s income is deemed to the sponsored noncitizen:
- Gross income, including any cash assistance received by the sponsor or the sponsor’s spouse
- Net self-employment income, minus self-employment expenses
If the sponsor is a member of the household:
- The sponsor’s income is already deemed to the sponsored noncitizen spouse and family members under the MA for People Who Are Age 65 or Older and People Who Are Blind or Have a Disability (MA-ABD) income deeming rules.
- Applicable MA-ABD income disregards and deductions are applied to the sponsor’s income.
If the sponsor is not a member of the household or is a household member whose income is not deemed to the sponsored noncitizen under MA-ABD income deeming rules, the following rules apply:
- The total gross income of the sponsor and the sponsor’s spouse is deemed to each sponsored noncitizen.
- The sponsor or the sponsor’s spouse’s income are not considered unavailable or excluded.
Code of Federal Regulations, title 42, section 435.602
Minnesota Statutes, section 256B.06, subdivision 5
Personal Responsibility and Work Opportunity Reconciliation Act of 1996, title IV, Public Law 104–193, section 421 and 422
CREDIT: The content of this post has been copied or adopted from the Minnesota Healthcare Programs Eligibility Policy Manual, originally published by the Minnesota Department of Human Services.
This is also part of a series of posts on Minnesota Healthcare Eligibility Policies.