*** The Health Care Programs Manual (HCPM) has been replaced by the Minnesota Health Care Programs Eligibility Policy Manual (EPM) as of June 1, 2016. Please refer to the EPM for current health care program policy information. ***
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Effective: June 1, 2012 |
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18.05.05 - Sponsor Deeming Program Provisions |
Archived: June 1, 2016 (Previous Versions) |
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 noncitizens who are sponsored by an individual or individuals and have a signed Affidavit of Support (USCIS I-864), unless the client meets an exception to sponsor deeming.
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 noncitizen covered by the affidavit regardless of whether the sponsor actually contributes to the noncitizen’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 noncitizen.
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 noncitizen’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 person with disabilities. 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 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 or 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 MinnesotaCare.
Action:
Since Abdul is considered part of the MinnesotaCare 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 MinnesotaCare 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 unless there is a child under age 21 or a pregnant woman in the household who is applying for or enrolled in MinnesotaCare.
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 United States last month. He was sponsored by his sister, Janet. Janet sponsors two other people. John applies for MinnesotaCare. 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 United States 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.
Do not apply sponsor deeming to any member of a household if there is a child under the age of 21 or a pregnant woman in the household who is applying for or enrolled in MinnesotaCare. Do not require a copy of the Affidavit of Support, information about sponsors or sponsor income, or verification of sponsor income.
Example:
Rosa and Edgar apply for MinnesotaCare. Edgar is a sponsored noncitizen. They are not applying for their 10-year old son, Herman. The application indicates that Herman has other health care coverage.
Action:
Because Rosa and Edgar are not applying for Herman, request a copy of the Affidavit of Support and verification of Han's sponsor's income. Apply sponsor deeming for Rosa and Edgar.
The following policy is for all non-pregnant adult MA clients.
If the sponsor is part of the MA 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 husband, Jacque, before they were married. Olga, who is employed full-time, applies for health care for herself and Jacque. She owns a checking account with a $500 balance.
Action:
Olga’s income and assets deem to her husband as part of the MA household. Olga is included in Jacque’s household size, and he is included in hers.
If the sponsor is not part of the MA 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, are sponsored Lawful Permanent Residents (LPRs) who entered the United States six years ago. Susan also has a four-month-old son named Trevor who is a U.S. citizen. Susan and Kathy were sponsored by Susan’s brother, Claude. Susan reports no earned income or assets. However, Claude has earned income and assets valued at $10,000.
Action:
Deem Claude’s gross income, without deductions or disregards, and his net assets to Susan. Do not deem Claude’s income or assets to Kathy because she is a child under age 21. Because Trevor is a U.S. citizen, sponsor deeming does not apply. Do not count Claude in the family’s household size.
Do not apply sponsor deeming to any noncitizen children under the age of 21 or noncitizen pregnant woman applying for or enrolled in MA. Do not require a copy of the Affidavit of Support, information about sponsors or sponsor income, or verification of sponsor income.
Example:
Lucy is a 30-year-old pregnant woman who recently immigrated to the United States on a family unity visa. She applies for health care and submits a copy of her green card as verification of her immigration status. She reports that her brother is he sponsor. Lucy meets MA eligibility criteria.
Action:
Do not apply sponsor deeming to Lucy when determining eligibility for MA, as she is a pregnant woman. Do not request any information or verifications regarding her sponsor. Approve MA with FFP if Lucy meets all other eligibility requirements. At the end of her 60-day postpartum period, sponsor deeming rules will apply. Upon notification of the birth, request a copy of the Affidavit of Support and verification of Lucy's sponsor's income and assets. Redetermine eligibility for Lucy prior to the end of the postpartum period.
Example:
Amalia, Joseph and their two children, ages 5 and 7, entered the United States four years ago as Lawful Permanent Residents LPRs. Their I-551 Resident Alien Cards indicate Family Preference immigration codes. They report on their health care application that they were sponsored by Joseph's brother, who is married.
Action:
Do not apply sponsor deeming to the children when determining their eligibility for MA. Apply sponsor deeming rules to Amalia and Joseph. Request a copy of the Affidavit of Support. Verify and deem the income and assets of the sponsor and the sponsor's spouse to Amalia and Joseph.
Example:
Rodney sponsors his wife and her son, Ivan, age 12. The family applies for MA for Ivan only.
Action:
Rodney is included in Ivan's MA household size. Rodney's income, however, is not deemed to Ivan under normal deeming policy. Although Rodney is Ivan's sponsor, Rodney's gross income will not be deemed to Ivan. Ivan is exempt from an asset limit due to his age.