5101:1-39-34 Deeming of resources.

(A) The composition of the household in which an individual lives affects the computation of countable resources because the exempt and countable resource limitations are based on the concept that certain economies of household operation can be affected through mutual family sharing of the home.

(B) In determining whether an individual or an individual and spouse are eligible with respect to resources, the two major factors considered are the appropriate resource limitation (one-thousand-five-hundred dollars or two-thousand-two-hundred-fifty-dollars) and whose resources are considered in the computation. The resources considered vary depending on individual circumstances and the living arrangements in the particular case.

(C) For purposes of deeming resources from spouse to spouse or parent to child, the term "household" includes only those living under the same roof. In deeming resources, the resources of household members other than the individual, the parents or the individual's spouse are not considered. The same definitions which are found in rule 5101:1-39-19 of the Administrative Code about deeming of income also apply to resources.

(D) In deeming resources from one spouse to the other, only the resources of those two individuals are considered. In deeming resources from a parent to a child, only the resources of the parent are considered. Resources are deemed from spouse to spouse and parent to child only when the applicant/recipient and the responsible relative are living in the same household.

(E) When there is more than one eligible child, the resources available for deeming are shared equally among the eligible children.

(F) When an eligible individual and his spouse live together, all resources are combined and the couple is permitted resources of two-thousand-two-hundred-fifty dollars in addition to what is exempt as a home, motor vehicle, household goods and personal effects, property necessary for self-support, life insurance, and so forth. The couple's resource limitation is not affected by whether the spouse of the eligible individual is eligible or ineligible. Thus, an eligible couple or an eligible individual and ineligible spouse both have a two-thousand-two-hundred-fifty dollar resource limitation.

(G) When an individual is a child who is neither married nor the head of a household, is under age eighteen, and resides in the household of his parent(s), parental resources must be deemed to the child. After attainment of age eighteen or after marriage, the individual is no longer a child and deeming of parental resources does not apply. The provision for one-third reduction for living in the household of another may apply.

(1) The household composition determines whether deeming is required and the amount of the resource exemption allowed to the parent.

(2) When there is one parent in the household who is required to deem, the parent resource exemption is one-thousand-five-hundred-dollars.

(3) When both parents are in the household and are required to deem resources, the parental resource exemption is two-thousand-two hundred-fifty-dollars.

(4) The one-thousand-five-hundred-dollar resource limitation is applicable for a child. In determining the amount of resources to be deemed to an otherwise eligible child, the resources of the child and of the parents are computed separately and both the child and the parents are each allowed all of the resource exemptions they would normally be eligible for in their own right. For purposes of deeming, it does not matter whether the parent(s) is or is not eligible for benefits under medicaid. Only one home and one automobile are exempted. After the exemptions are applied, only the countable resources over one-thousand-five-hundred-dollars for one parent or two-thousand-two-hundred-fifty-dollars for two parents are deemed to the child when there is only one child. When more than one child is otherwise eligible for medicaid, the amount that is deemed from the parent(s) is prorated equally among the eligible children. None of the parents' resources are deemed to any other ineligible children, i.e., those who are neither blind nor disabled.

(5) The resources of a child consist of whatever resources the child has in his own right plus whatever resources are deemed to him from his parent(s). A child is independently eligible for each of the normal items and amounts of resource exemptions. Since only one house is involved, only one home can be exempt for the family. In addition, only one vehicle can be exempted under the automobile exemption. A child is not eligible for medicaid if his own countable resources plus the value of the parents' resources deemed to him exceed one-thousand-five-hundred-dollars.

(H) When the applicant/recipient is not living in a household with a parent(s) or spouse only the resources of the applicant/recipient are considered. Such an individual is subject to the one-thousand-five-hundred-dollar resource limitation.

(1) When an eligible individual and spouse are no longer living together, each person is considered as an individual living alone beginning the month after separation. For the month of separation, the spouses are treated as an eligible couple or as an eligible individual and ineligible spouse living together in the same household with a resource limit of two-thousand-two-hundred-fifty dollars. In the month after the month of separation, resources are computed separately because each person is now considered to be an individual without a spouse. The individual resource limit of one-thousand-five-hundred-dollars is then applicable.

(2) Spouses or parents and children who are separated because of placement in a medical institution have resources considered in accordance with the policy contained in Chapter 5101:1-39 of the Administrative Code.

R.C. 119.032 review dates: 6/14/2002 and 06/14/2007

Promulgated Under: 111.15

Statutory Authority: 5111.01, 5111.011

Rule Amplifies: 5111.01, 5111.011

Prior Effective Dates: 9/3/77, 2/1/79, 10/1/79, 1/3/80, 2/15/85 (emer.), 5/14/85 (emer.), 6/10/85, 1/1/91, 7/1/94, 10/1/95, 10/1/96 (emer.), 12/15/96