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37.82.703    FINANCIAL REQUIREMENTS, NONINSTITUTIONALIZED FAIM FINANCIAL ASSISTANCE RELATED FAMILIES AND CHILDREN

(1) Individuals eligible for FAIM financial assistance are presumed to have met all the financial requirements for Medicaid eligibility.

(2) Notwithstanding the above and in accordance with ARM 37.82.701(1)(d), for purposes of this coverage group:

(a) the increase in OASDI benefits on July 1, 1972 will be excluded from unearned income; and

(b) ineligibility for FAIM financial assistance on the basis of the gross monthly income test found in ARM 37.78.420 will not preclude continued Medicaid coverage under ARM 37.82.701(1)(c).

(3) For individuals under 19 who are not eligible for foster care or adoption assistance under Title IV-E or do not qualify as dependent children, the FAIM financial requirements which are set forth in ARM 37.78.401, 37.78.402, 37.78.406, 37.78.407, and 37.78.420 will be used to determine whether:

(a) the individual in his placement is eligible with respect to resources;

(b) the individual in his placement is eligible with respect to gross and net income and with respect to the applicable benefit standards.

(c) In applying the above:

(i) because the individual is not living with his parent, parental income will be considered only when actually contributed; and

(ii) applicable standards are the child only standards.

(4) In determining Medicaid eligibility, an unborn child is considered a family member.

History: 53-6-113, MCA; IMP, 53-4-231, 53-6-131, MCA; NEW, 1982 MAR p. 729, Eff. 4/16/82; AMD, 1987 MAR p. 1655, Eff. 9/25/87; AMD, 1998 MAR p. 3281, Eff. 12/18/98; TRANS, from SRS, 2000 MAR p. 476.

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