701 General Information about Resources

 

 

Revised 06/04/2021

Policy

To qualify for ALTCS, the customer’s counted resources must be less than or equal to the ALTCS resource limit at any time during a calendar month (MA706).  If the customer's resources are within the resource limit at any time during the month, then he or she is resource-eligible for the entire calendar month.  

1)    Whose Resources Count

The resources of responsible relatives may be considered available to the customer in determining eligibility.  The policy in MA702 describes whose resources are counted and when.

2)    Exceptions

Resource requirements do not apply or are limited in the following situations:

If the customer…

Then…

Qualifies for Freedom to Work (FTW) - ALTCS

The requirements in this chapter do not apply in the customer’s eligibility determination.

Receives:

·        SSI Cash;

·        Title IV-E Foster Care; or

·        Title IV-E Adoption Subsidy

The only resources reviewed and considered in the eligibility determination are trusts.

 

3)    Resource Eligibility

Resource eligibility is determined on a month-by-month basis.  Generally, the equity value of a resource is used, unless an exception is noted for a specific type of resource.  Equity value is the fair market value minus any liens, mortgages or other debts.

Generally, the proceeds from the sale of a resource are not income, but rather the conversion of one type of resource to another.  The converted resource must be reviewed to determine its effect on eligibility. 

Resources that are sold or transferred to someone else without receiving fair value in return, may result in the customer being unable to get long-term care services for a period of time.  See Chapter 900 for detailed policy about transfers and how they affect ALTCS eligibility.

 

Definitions

Term

Definition

Resources

Items of real or personal property, including cash, which may be used to meet the customer’s needs for food or shelter.  Resources are sometimes called “assets.”

NOTE          Income received during the month is never treated as a resource.  Any unspent amount of the income payment is not a resource until the following month.

 

Proof

In general, proof includes any documents showing:

·        The type of resource;

·        The value; and

·        Who owns the resource.

Proof must come from the institution or third party knowledgeable about the resources in question.  Knowledgeable entities are those that are responsible for administering, overseeing or dispensing the resource.

Each type of resource requires specific types of proof.  See MA705 for proof needed for each type of resource.

Legal Authority

Program

Legal Authorities

ALTCS

42 USC 1382b

42 USC 1396a(a)(10)(A)(ii)(V)

42 USC 1396r-5 for Community Spouse

20 CFR 416.Subpart L

42 CFR 435.601(b)

ARS 36-2933, 2934, 2934.01 and 2934.02

AAC R9-28-407 and 410