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4.5.4 ACCOUNT

4.5.4.1 Joint Accounts

4.5.4.1.1 EBD Medicaid Applicant/Recipient EBD co-owner

4.5.4.1.2 EBD Medicaid Applicant/Recipient Non EBD Co-Owner

4.5.4.1.3   Exception to Joint- Accounts policy

4.5.4.2 Jointly Held Real Property

 

 

Account means a deposit of funds with a financial institution (bank, savings and loan, credit union, insurance company, etc.).

4.5.4.1 Joint Accounts

Apply the following policy to savings, checking and share accounts, certificates of deposit, NOW accounts, and similar arrangements where the holders have equal access to the funds.  

 

Deem amounts from joint accounts differently depending upon if the account is shared with an EBD Medicaid applicant/recipient.

 

EBD Medicaid applicant/ recipients, include any of the Medicare Beneficiary programs QMB, SLMB, SLMB +, and QDWI.

 

SeniorCare applicant/recipients are not considered an EBD related applicant/recipient when deeming joint accounts.

 

4.5.4.1.1 EBD Medicaid Applicant/Recipient EBD co-owner

When an EBD Medicaid applicant/recipient shares a joint account with a co-owner who is another EBD applicant/recipient, deem an “equal share” to each account holder.  

 

“Equal Share” means an amount in proportion to the number of EBD-related applicant/recipient account holders.  If there are three holders, an equal share means each is deemed 1/3 of the account balance

 

4.5.4.1.2 EBD Medicaid Applicant/Recipient Non EBD Co-Owner

When an EBD Medicaid applicant/recipient shares an account with an individual or individuals who are not EBD Medicaid applicant(s)/recipient (s) deem the full share to the EBD Medicaid applicant/recipient.   

 

Full share” means an amount equal to the account balance.  The account balance is the total of the principle and any interest retained in the account, minus any withdrawal penalties or charges.

 

Applying the preceeding policy may result in considering available to a fiscal test group more money from a joint account than is actually in that account.  If that occurs, deem an equal share to each account holder who is in the fiscal test group.

 

Example:Joe is an EBD Medicaid recipient who shares a $4000 account with his spouse Connie. Joe and Connie reside together and are therefore in the same Fiscal Test Group (FTG).  Rather than assigning $4000 from this account as Joe’s asset and $4000 as Connie’s asset, which would result in $8000 being counted as the fiscal test group’s asset, deem an equal share to each account holder who is in the FTG so that only $4000 would be counted as the group’s total asset.

4.5.4.1.3   Exception to Joint- Accounts policy

Don’t apply Joint Accounts policies (4.5.4.1) to the following kinds of a joint accounts:

 

  1. Accounts established for business , charitable or civic purposes.
     

  2.  Trust or restricted accounts.  A trust or restricted account is one in which the person named as holder of the account has no access or limited access to the funds in it.  
     

  3. Special purpose accounts.  A special purpose account has at least one holder acting as the power-of-attorney, guardian or conservator for at least one of the other holders of the account.
     

  4. Convenience accounts.  The following policy applies only to joint accounts of persons who are not married to one another:
     

When a person's name appears on a joint account, assume s/he is part owner of the assets in the account.  Inform the client that s/he has a right to present evidence showing s/he did not deposit any assets into the account.

 

To show that s/he does not own or co-own any assets in the account, s/he must present all of the following:

 

  1. A signed statement explaining:
     

    1. Who owns the funds in the joint account.

    2. The reason for establishing it.

  1. Who made the deposits to the account.

 

  1. A signed corroborating statement from the co-holder of the account.
     

  2. A copy of the change in the account which removes his/her name or restricts his/her access.

 

If the co-holder is incompetent or a minor, obtain a statement from a knowledgeable third party.  Then, decide whether to accept the person's statement.  If you decide s/he is not a co-holder, apply the decision retroactively as well as prospectively.  When no third party is available, document the reason.  

4.5.4.2 Jointly Held Real Property

Apportion an equal share of any real property or any in -come derived from real property to each owner.  To apportion, the equity or income Income is anything you receive in cash or in kind that you can use to meet your needs for food, clothing, and shelter. must be available.

 

 

This page last updated in Release Number : 04-01

Release Date: 02-27-04

Effective Date: 02-27-04