Assets which are Excluded for Workers with Disabilities 510-05-57-20

(Revised 6/1/04 ML #2925)

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(N.D.A.C. Section 75-02-02.1-24.2)

 

The medically needy exempt and excluded assets are excluded except that a Workers with Disabilities recipient is also allowed to maintain funds under a county approved plan to achieve self-support.

 

  1. A plan to achieve self-support must be written and shall be approved, and remain approved, for so long as the plan:

  1. Describes a purpose consistent with self-support; and
  2. Is followed by the individual.

A plan to achieve self-support is any plan for the purpose of obtaining items, services, or skills needed for self-support, and can include setting funds aside as savings to provide for the individual’s support for future unanticipated expenses, or to meet general living expenses.  The purpose of plans to achieve self-support is to allow individuals to set assets aside, but does not require that they do so. There need not be any time limit established for a plan.  Assets set-aside for a plan to achieve self-support are not required to be in a separate account, or otherwise identified as part of the approved plan.  

  1. The amount allowed to be set-aside for an approved plan is based on the earnings of the recipient while receiving Medicaid benefits under this section, but cannot exceed $10,000.  For each month an approved plan to achieve self-support is in effect, the individual’s asset limit will increase by the amount of the individual’s gross earned income from the previous month.  The individual will remain eligible if the value of the individual’s countable assets is not more than the medically needy asset limit plus the amount excluded under the approved plan to achieve self-support.

EXAMPLE:  A single individual is found eligible for Workers with Disabilities in June, and has an approved plan to achieve self-support.  The individual earns $800 gross per month.  In July, the individual’s asset limit will be $3800.  By September, the individual’s asset limit would be $5400. ($3000 asset limit plus an additional $800 for June, July, and August).

A plan may be submitted with a new application and approved for the three prior months.

  1. A plan to achieve self-support is only for the individual, and is only excluded for this coverage.   If an individual who is eligible under Workers with Disabilities is financially responsible for others in the Medicaid unit, assets excluded under the approved plan to achieve self-support are counted in determining eligibility for the other individuals.  Likewise, if an individual becomes ineligible for Workers with Disabilities coverage, and is eligible under another Medicaid coverage, assets excluded under the plan are countable assets when determining eligibility for the other Medicaid coverage.  Such excluded assets are also counted when establishing eligibility for QMB or SLMB coverage.

  2. If an individual re-establishes eligibility under Workers with Disabilities coverage after being ineligible for a period, the amount of assets that were previously excluded because of a plan to achieve self-support continue to be excluded.  If the previous plan to achieve self-support remains in effect, or a new plan is created, the asset limit  continues to increase, until it reaches the maximum of $10,000 that is allowed.