4-001.01E Guidelines for Parental Responsibility

The worker shall use the following guidelines to determine if a child is considered part of the household:

  1. If the child is living in the same household with parent(s), the parent(s)' income must be included.

    Exceptions: Home and Community Based and MR Waiver: If a child, living in the parent(s)' home is receiving Medicaid services through a Home and Community Based Service waiver or an MR waiver, the parent(s)' income and resources are not deemed. This does not require Central Office review.

    Katie Beckett: If the child is not receiving waiver services, the income and resources of a parent are not deemed if the minor is severely disabled, AABD-eligible, and would require the level of care provided in a medical institution (Katie Beckett child) and requires certain medical services for special needs (see 471 NAC 12-014). This exception applies only if the cost of care in the home is less expensive than the cost of care in a medical institution

    Autism Waiver:  If a child, living in the parent(s)' home is receiving Medicaid services through Nebraska's Home and Community Based Waiver for Children with Autism Spectrum Disorder, both the parent(s)' income and Autism waiver child's income must be verified solely to determine a premium due amount when the gross income exceeds 185% FPL.

  2. If the child is temporarily absent from the home (generally 90 days or less) but is still considered part of the household, the parent(s)' income must be included. Temporary absence includes, but is not limited to, school attendance where the child returns to the home on a regular basis (weekends, vacations, or summers). Residence in an institution for mental retardation or mental illness for 90 days or less may be considered temporary absence if the child was living in the parent(s)' household before institutionalization and will return to the parent(s)' household upon discharge.
  3. If the child is permanently out of the home and no longer considered part of the household, the parent(s)' income must not be included.

If income is deemed from a parent to a child in an IMD, see 477 NAC 2-007.04.

{10/6/2010}