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Effective: December 1, 2006 |
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18.05.05ar1 - Sponsor Deeming Program Provisions (Archive) |
Archived: February 1, 2011 |
This section provides general sponsor deeming policy and policy for specific health care programs. Whether a sponsor is included in the program’s household size, or if the sponsor is in the household size but does not deem per program policy, will determine how to approach sponsor deeming.
General Sponsor Deeming Provisions.
MinnesotaCare Sponsor Deeming.
General Sponsor Deeming Provisions
Deeming rules apply to non-citizens who are sponsored by an individual or individuals and have a signed Affidavit of Support (USCIS I-864).
The following are general rules for all health care programs:
l Deem all gross income and net assets of the sponsor and the sponsor’s spouse to each non-citizen covered by the affidavit regardless of whether the sponsor actually contributes to the non-citizen’s household needs.
l Deem income and assets even if the sponsor and/or sponsor’s spouse are receiving public assistance in Minnesota or another state.
l Deem cash assistance received by the sponsor to the non-citizen.
l Deem net self-employment income by allowing self-employment expenses.
l Verify all income and assets of the sponsor and the sponsor’s spouse.
l Do not prorate income if there is more than one sponsored noncitizen.
l Do not prorate or allow any deductions for the needs of the sponsor, the sponsor’s spouse or other household members.
l Do not count the sponsor or the sponsor’s family members in the non-citizen’s household size if they are not part of the household.
l See individual program rules in this section for additional sponsor deeming program provisions.
Example:
Sonia is applying for health care as a pregnant woman. She is a sponsored noncitizen. Sonia verifies that she is sponsored by her ex-husband. Sonia would prefer not to contact her ex-husband about his sponsor obligations.
Action:
Divorce does not invalidate the Affidavit of Support signed by Sonia’s ex-husband. Sonia must cooperate with obtaining income and asset information of her ex-husband in order to be eligible for health care. His countable income and assets will be deemed to Sonia in determining her eligibility. He will not be counted in her household size.
If the sponsor is part of the MinnesotaCare (MCRE) household, based on household composition rules, follow these rules:
l Include the sponsor in the household size.
l Deem the sponsor’s countable income and assets to his/her spouse and children per regular deeming rules.
l Allow applicable disregards and deductions.
Example:
Abdul signed an Affidavit of Support for his wife and child who live with him. They apply for MCRE.
Action:
Since Abdul is considered part of the MCRE household, include him in the household size and count his income and assets in the household totals.
If the sponsor is not part of the MCRE household follow these rules:
l Deem the total gross income of the sponsor and the sponsor’s spouse to the client’s household income total.
l Deem the total net asset value of all assets owned by the sponsor and the sponsor’s spouse to the household asset total.
l Do not consider any of the sponsor’s or sponsor’s spouse’s income or assets to be unavailable or excluded.
l Do not allow any deductions or exclusions for the sponsor’s household.
l Do not count the sponsor or the sponsor’s family in the household size.
Example:
John, who is single, entered the U.S. last month. He was sponsored by his sister, Janet. Janet sponsors two other people. John applies for MCRE. He has earned income of $600 per month and Janet has earned income of $3,000 per month. Neither have assets.
Action:
Count John’s income and allow any deductions or exclusions. Also count all of Janet’s income in John’s income total, even though she also sponsor’s two other people. Do not count Janet in John’s household size.
Example:
Hans entered the U.S. last year and was sponsored by his brother Olaf and Olaf’s wife Lena. Hans lives with his brother and has no income or assets. Olaf recently lost his job and currently has no income. Lena earns $10,000 per month at her accounting job. Olaf and Lena have $100,000 in assets.
Action:
Count Olaf and Lena’s gross income in Hans’ income total. Do not allow deductions or exclusions for their own household expenses. Count Olaf’s and Lena’s net asset total toward Hans’ asset total. Do not count Olaf or Lena in Hans’ household size.
The following policy is for all MA and GAMC clients, including those who are on state-funded MA.
If the sponsor is part of the MA/GAMC household, deeming rules apply. Follow these rules:
l Deem the sponsor’s countable income and assets to his/her spouse and children per regular deeming rules.
l Allow applicable disregards and deductions.
l Include the sponsor in the household size.
Example:
Olga signed an Affidavit of Support for her two children, ages 12 and 14. The children live with her. Olga, who is employed full-time, applies for health care for herself and the children. She owns a checking account with a $2,000 balance.
Action:
Olga’s income deems to her children as part of the MA household. Apply all deductions, disregards and exclusions to Olga’s income. No additional deeming is necessary. Olga does not deem her assets to her children because the children are exempt from an asset limit. Olga is included in the children’s household size, and they, in turn, are included in hers.
If the sponsor is not part of the MA/GAMC household or is a household member whose income is not deemed to the person sponsored under MA deeming policy, follow these rules:
l Deem the total gross income of the sponsor and the sponsor’s spouse to each sponsored non-citizen.
l Do not deem income to non-sponsored household members, unless the sponsor is part of that person’s household.
l Deem the net value of assets owned by the sponsor and the sponsor’s spouse to the sponsored non-citizen who is subject to an asset limit.
l Do not consider any of the sponsor’s or sponsor’s spouse’s income or assets to be unavailable or excluded.
Example:
Susan and her daughter, Kathy, age eight, entered the U.S. five months ago. Susan gave birth to Trevor two months ago. Susan and Kathy were sponsored by Susan’s brother, Claude. Both Susan and her brother have earned income. She does not have assets but Claude has assets valued at $10,000.
Action:
Claude’s gross income, without deductions or disregards, is deemed to both Susan and Kathy. Claude’s income is not deemed to Trevor because he is a U.S. citizen. Claude’s net assets deem to Susan only because Kathy is exempt from an asset limit. Trevor is also exempt from an asset limit. Claude is not considered in the family’s household size.
Example:
Frederick, age 30, entered the U.S. last year and was sponsored by his father, Arthur. Frederick does not have an MA basis of eligibility and due to other health insurance is not eligible for MinnesotaCare. He lives with his father and has earned income. Arthur also has earned income, and assets valued at $20,000.
Action:
Count Arthur’s gross income in Frederick’s income calculation. Do not allow any disregards or deductions. Also count Arthur’s net asset value in Frederick’s asset total. Frederick is ineligible for GAMC because his asset total is over the $1,000 GAMC asset limit. Do not count Arthur in Frederick’s household size.
Example:
Rodney sponsors his wife and her son, Ivan, age 12. The family applies for MA for the Ivan only.
Action:
Rodney is included in Ivan’s MA household size. Rodney’s income, however, is not deemed to Ivan under normal MA deeming policy. Because Rodney is Ivan’s sponsor, Rodney’s gross income will be deemed to Ivan. Ivan is exempt from an asset limit due to his age.