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.