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Effective: December 1, 2006 |
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17.10.10ar1 - Non-Parent Caretaker (Archive) |
Archived: October 1, 2009 |
Children living with a non-parent caretaker, such as a foster parent, legal guardian or a relative besides the parent (relative caretaker), have an exception to normal household composition rules for MinnesotaCare (MCRE) for themselves and the non-parent caretaker household.
MCRE Non-Parent Caretaker Household General Information.
MCRE Non-Parent Caretaker Household Options.
MCRE Non-Parent Caretaker Household Size Example.
MCRE Non-Parent Caretaker Household General Information
A non-parent caretaker can be:
l A legal guardian.
A legal guardian is a person designated by a court to assume responsibility to care for a child. The guardian has all the powers and responsibilities that would otherwise be held by the parent of the child.
Note: Legal guardians must comply with medical support requirements for the children for whom they are legally responsible as a condition of the guardian’s own eligibility.
l A relative caretaker.
Relative caretakers are people age 18 or older who have primary responsibility for a child they are related to, but is not their own.
n The person is only considered a relative caretaker if the biological or adoptive parents are not in the home.
n A stepparent must be counted as part of a stepchild’s household, regardless of whether the parent is in the home. Follow standard household composition rules.
n The following people and their spouses (even if death or divorce has terminated the marriage) are considered relative caretakers for MCRE purposes:
m Grandparents.
m Great-grandparents.
m Great-great-grandparents.
m Sister.
m Step-sister.
m Brother.
m Step-brother.
m Aunt.
m Great or great-great-aunt.
m Uncle.
m Great or great-great uncle.
m Nephew.
m Niece.
m First cousin.
m First cousin once removed.
n Relative caretakers must comply with medical support for the child they are caretaking as a condition of their own eligibility.
m Relative caretakers who are also legal guardians of the children in their care should be considered relative caretakers, rather than legal guardians, when determining MCRE major program and benefit set.
l A foster parent.
A foster parent gives care to a child who is placed in a foster home by a social services agency for emergency, interim, or permanent care.
n If the biological parents apply with their child who is now in foster care, the child is considered temporarily absent from the biological parents’ household. This child can be counted in the biological parents’ household, but is covered under his or her own case.
n Do not require foster parents to cooperate with medical support requirements.
MCRE Non-Parent Caretaker Household Options
Foster parents, legal guardians and relative caretakers of children for whom they are responsible have several options for MCRE household composition. They can apply for:
l The child separately from their own household.
If the legal guardian, foster parent or relative caretaker applies only for the child he/she is responsible for count only the child's income to determine the child’s eligibility.
If the non-parent caretaker is applying for more than one sibling in their care follow these steps:
1. Determine eligibility for the siblings as a household together.
Note: Count only the children’s income.
2. If the total income of the children is:
a. At or below 150% FPG they remain in a household together. Continue the eligibility determination.
b. Above 150% FPG, create a separate case and determine eligibility for each child, using only that child’s income to determine eligibility. Separate cases:
n Result in a lower total premium for the children and all remain eligible.
n Allow for a greater number of children to be eligible due to underinsurance.
l The household including the child.
n If the legal guardian, foster parent or relative caretaker applies with the children include the income of the non-parent caretaker’s household and the child’s income in the gross family income for determining eligibility and premium amount.
n The child would be included when determining who must apply based on the All or Nothing Rule.
l The household excluding the child.
If the legal guardian, foster parent or relative caretaker applies for only their family, and does not include the child, count only the income of the family when determining the gross family income.
MCRE Non-Parent Caretaker Household Size Example
Mary and Bob are married with two children (ages five and eight). Mary’s niece Rebecca (age 10) lives with the family.
Action:
Mary has several options in applying for health care:
l Mary may apply for MinnesotaCare on behalf of her niece Rebecca without applying for herself or the rest of her family. Rebecca would have a household size of one, and only her income would be counted in her gross family income.
l Mary may apply for herself, her family and Rebecca as one household. The household size would be five, and each person’s income would be counted in the gross family income, including Rebecca’s. They would also have to follow the All or Nothing Rule.
l Mary may also choose to apply for herself, her spouse, and her two minor children without including Rebecca. Use a household size of four and exclude Rebecca's income in determining eligibility and premium amount.