GENERAL PROVISIONS FOR MA RESOURCES
§ 178.1. General policy on MA resources common to all categories of MA.
(a) An applicant/recipient is resource eligible for MA if his total resources considered in determining resource eligibility do not exceed the MA resource limit in Appendix A for the appropriate MA Program. Revisions to the MA Resource limits will be published as a notice in the Pennsylvania Bulletin, recommended for codification in the Pennsylvania Code. The MA resource limits are based on the following:
(1) For aged, blind or disabled persons requesting NMP-MA, 42 CFR 435.721 (relating to general requirements) requires that the SSI resource limit at 20 CFR 416.1205 (relating to limitation on resources) be used.
(2) For children and their parents requesting NMP-MA, 42 CFR 435.711 (relating to general requirements) requires that the state’s AFDC resource limit at 45 CFR 233.20(a)(3)(i)(B) (relating to need and amount of assistance) be used.
(3) For individuals requesting NMP-MA who do not fall under the Federal categories, the GA resource limits at section 432.5 of the Public Welfare Code (62 P. S. § 432.5) are used.
(4) For persons requesting MNO-MA, 42 CFR 435.840 and 435.841 (relating to medically needy resource standards: General requirements; and medically needy resource standards: Reasonableness) require a reasonable standard approved by the Health Care Financing Administration.
(b) Resources are counted in determining resource eligibility for MA, unless specifically excluded in this chapter.
(c) An applicant/recipient is ineligible for MA on the date that his resources exceed the MA resource limit in Appendix A for the appropriate MA Program and he remains resource ineligible until his resources are equal to, or less than, the resource limit. The disposition of excess resources shall meet the fair consideration provisions for the appropriate program.
(d) Resources are considered at their equity value unless specified otherwise. The equity value of nonexcluded real property which is legally available to the applicant/recipient is a resource.
(e) A person receiving AFDC, GA, SBP or SSI and who is living in the household of a person applying for, or receiving, MA is not included in the determination of MA eligibility.
(f) Resources which are not excluded shall be reviewed to determine if they are actually available. Only those resources which are actually available are considered resources when determining MA eligibility.
(g) An applicant/recipient shall take reasonable steps to obtain and make available resources to which he is, or may be, entitled unless he can show good cause for not doing so.
(h) The reimbursement provisions of the cash assistance programs do not apply to MA.
(i) If an applicant/recipient converts or sells a resource, whether excluded or nonexcluded, the newly acquired cash or item is a resource and is subject to the appropriate resource criteria for continuing eligibility.
(j) Resources used by the applicant to pay for medical expenses during the retroactive eligibility period or the continuing eligibility period are not counted once the resources are used to pay the medical expenses.
Notes of Decisions Total Resources
When real property is held by medical assistance recipient in joint-tenancy, each co-owner is entitled to an equal share of proceeds from sale of the real estate, regardless of who paid the mortgage, taxes, and all expenses. LaFond v. Department of Public Welfare, 933 A.2d 159, 163—164 (Pa. Cmwlth. 2007).
Applicant was not entitled to medical assistance long-term care benefit, where applicant’s checking account, variable annuity, and excess burial reserve provided her with resources in excess of allowable limit. Debone v. Department of Public Welfare, 929 A.2d 1219, 1222 (Pa. Cmwlth. 2007).
Principal of discretionary support trust was available resource for purposes of determining applicant’s eligibility for medical assistance long-term care benefits; applicant was sole life beneficiary, was not receiving public assistance at time trust was created, trustees could use principal for applicant’s benefit, and division of assets between trust’s two funds appeared to have been controlled by federal estate tax considerations, not by any particular intent to preserve portion of principal for remaindermen. Debone v. Department of Public Welfare, 929 A.2d 1219, 1224 (Pa. Cmwlth. 2007).
The Department properly terminated recipient’s Medical Assistance after she received disability insurance proceeds that caused her resources to exceed the applicable eligibility limit. Filoon v. Department of Public Welfare, 819 A.2d 188 (Pa. Cmwlth. 2003).
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