Administrative Code

Virginia Administrative Code
9/22/2021

Part II. Related Cash Assistance Property Rules

Article 3
Hearing

12VAC30-110-610. Definitions.

For those medically needy persons whose eligibility for medical assistance is required by federal law to be dependent on the budget methodology for Aid to Dependent Children, a home means the house and lot used as the principal residence and all contiguous property.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 1, eff. June 16, 1993.

12VAC30-110-620. Availability of real or personal property.

Real or personal property of a spouse is considered available to a spouse if they are living together. Real or personal property of a parent living in the home is considered available to his child or children, except property owned by an SSI recipient is not considered available to his children in determining their eligibility for Medicaid.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 2, eff. June 16, 1993.

12VAC30-110-630. Income-producing real property other than the home for aged, blind and disabled individuals.

A. Income-producing real property other than the home does not affect eligibility if:

1. It is used in a trade or business or is otherwise income producing;

2. The equity value (current market value less the.balance of any recorded liens against the property) of the property does not exceed $6,000; and

3. The property produces a net annual income to the individual of at least 6.0% of the property's equity value.

B. If the property produces less than the 6.0% net annual income, it may be excluded if its equity value does not exceed $6,000 and it is used in a business or nonbusiness income-producing activity, and the following conditions are met:

1. Unusual or adverse circumstances, such as a fire, street repair in front of a store, or natural disaster, cause a temporary reduction in the rate of return;

2. The property usually produces net annual income of at least 6.0% of the equity value; and

3. The individual expects the property to again produce income at the 6.0% rate of return within 18 months of the end of the calendar year in which the unusual incident caused the reduction in the rate of return. When the property must be counted because the equity exceeds $6,000 or because the net annual return to the individual is less than 6.0% or equity, the individual's equity over $6,000 in the property is a countable resource.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 3, eff. June 16, 1993; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

12VAC30-110-640. Income.

For the purposes of determining eligibility, income is defined as the receipt of any property or services which an individual can apply, either directly or by sale or conversion, to meet the individual's basic needs for food, shelter, and clothing. Income is either earned (payment received by the individual for services performed as an employee, or as a result of being self-employed) or unearned (includes pensions, benefits, prizes, inheritances, gifts, dividends, support and maintenance).

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 4, eff. June 16, 1993.

12VAC30-110-650. Deeming of income and resources; responsibility of spouses.

A. If an individual and the spouse apply or are eligible for Medicaid as aged, blind, or disabled, and they cease to live together (separate), their income and resources are considered available (deemed) to each other for the time periods specified in this section. After the appropriate time period, income or resources actually contributed by the separated spouse to the individual are counted in determining the individual's eligibility.

B. Reserved.

C. If spouses separate for any reason other than institutionalization, their income and resources are deemed to each other during the month in which they cease to live together. When spouses cease to live together, their income and resources cease to be deemed to each other beginning the first month following the month the couple ceases to live together.

D. If only one spouse in a couple applies for Medicaid or only one meets the aged, blind, or disabled requirement, or if both spouses apply and are not eligible as a couple and they separate, only the income and resources of the separated spouse that are actually contributed to the individual are counted as available to the individual beginning with the month after the month in which they cease to live together.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 5, eff. June 16, 1993; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

12VAC30-110-660. Deeming of income and resources; responsibility of parents for blind or disabled children.

A. If the blind or disabled child is living in the same household with a parent and is (i) under age 18 or (ii) under age 21 and regularly attending a school, college, university or is receiving technical training designed to prepare him for gainful employment, the parents' income and resources are deemed available to the child.

B. Only the parent's income and resources which remain, after deducting appropriate disregards and amounts for the maintenance needs of the parents and other dependents in the household, are deemed as resources and unearned income available to the blind or disabled child.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 6, eff. June 16, 1993; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

12VAC30-110-670. Aid to Dependent Children (ADC) Related Medically Needy Individuals.

A. Reserved.

B. Personal property.

1. Automobiles. The policy in § 4 of Supplement 8b (was Supplement 12) to Attachment 2.6-A of the State Plan (12VAC30-40-290) applies.

2. Life insurance. The policy in § 5 of Supplement 8b (was Supplement 12) to Attachment 2.6-A of the State Plan (12VAC30-40-290) applies.

3. Burial plots. The market value of burial plots owned by any member of the family unit are not counted toward the medical resource limit for the family.

4. Prepaid burial plans are counted as resources, except for the amounts of such funeral agreements that are disregarded under the Virginia ADC cash assistance program.

5. Assets which can be liquidated such as cash, bank accounts, stocks, bonds, and securities, are counted as resources.

C. The income eligibility determination methodology of the Virginia ADC cash assistance program applies.

Statutory Authority

§§ 32.1-324 and 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 7, eff. June 16, 1993; amended, Virginia Register Volume 17, Issue 13, eff. April 11, 2001; Volume 25, Issue 14, eff. April 15, 2009.

12VAC30-110-680. SSI.

A SSI recipient who has transferred or given away property to become or remain eligible for SSI or Medicaid and who has not received compensation in return for the property approximating the tax assessed value of the property is ineligible for long-term care (see 12VAC30-40-300).

Statutory Authority

§§ 32.1-324 and 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 8, eff. June 16, 1993; amended, Virginia Register Volume 25, Issue 14, eff. April 15, 2009.

12VAC30-110-690. Imposition of lien.

No lien may be imposed or any encumbrance placed upon any property, real or personal, owned by a recipient of medical assistance except pursuant to a court judgment on account of benefits incorrectly paid.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-2.6105 § 9, eff. June 16, 1993.

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