WAC 182-509-0200 MCS resources--How resources affect eligibility for medical care services (MCS).

This section applies to medical care services (MCS).

1.  The following definitions apply to this chapter:

a. "Equity value" means the fair market value (FMV) minus any amount you owe on the resource.

b.  "Community property" means a resource in the name of the husband, wife, or both.

c.  "Separate property" means a resource of a married person that one of the spouses:

i.  Had possession of and paid for before they were married;

ii.  Acquired and paid for entirely out of income from separate property; or

iii.  Received as a gift or inheritance.

2.  A resource is counted towards the resource limit described in subsection (6) of this section when:

a.  It is a resource that must be counted under WAC 182-509-0205;

b.  The individual owns the resource.  Ownership means:

i.  The individual's name is on the title to the property; or

ii.  The individual has property that doesn't have a title; and

c.  The individual has control over the resource, which means the resource is actually available to the individual; and

d.  The individual could legally sell the resource or convert it into cash within twenty days.

3.  The individual must try to make their resources available even if it will take more than twenty days to do so, unless:

a.  There is a legal barrier; or

b.  A court  must be petitioned to release part or all of a resource.

4.  Resources are counted as of the date of application for MCS coverage.

5.  If total countable resources are over the resource limit in subsection (6) of this section, the individual is not eligible for MCS.

6.  Countable resources must be below the standards listed below based on the equity value of all countable resources.

a.  Applicants can have countable resources up to one thousand dollars.

b.  Recipients can have an additional three thousand dollars in a savings account.

7.  If the individual owns a countable resource with someone who is not included in the assistance unit (AU), only the portion of the resource that is owned by the individual is counted.  If ownership of the funds cannot be determined, an equal portion of the resource is presumed to be owned by the individual and all other joint owners.

8.  It is assumed an individual has control of community property and is legally able to sell the property or convert it to cash unless evidence is provided to show the individual does not have control of the property.

9.  An item may not be considered separate property if the individual used both separate and community funds to buy or improve it.

10.  The resources of victims of family violence are not counted when:

a.  The resource is owned jointly with member of the former household;

b.  Availability of the resource depends on an agreement of the joint owner; or

c.  Making the resource available would place the individual at risk of harm.

11.  An individual may provide proof about a resource anytime, including when asked for proof by the agency or the agency's designee, or if the individual disagrees with a decision made about:

a.  Who owns a resource;

b.  Who has legal control of the resource;

c.  The value of a resource;

d.  The availability of a resource; or

e.  The portion of a property owned by the individual or another person(s).

12.  Resources of certain people who live in the home with the individual are countable, even if they are not getting assistance.  Resources that count toward the resource limit in subsection (6) of this section include the resources of ineligible or financially responsible people as defined in WAC 182-509-0100.