469 NAC 2-010.01F1
If the client does not receive SSI, the worker must use the following guidelines to determine if the parent(s') income is deemed:
1. If the minor is living in the same household with parent(s), the parent(s)' income must be deemed.
Exceptions: Home and Community Based Waiver: If a child, living in the parent(s)' home is receiving Medicaid services through a Home and Community Based Service waiver, the parent(s)' income and resources are not deemed when determining eligibility for medical only. This does not require Central Office review. The parent(s)' income and resources must be deemed for grant eligibility.
Katie Beckett: If the child is not receiving waiver services, the income and resources of a parent are not deemed for medical assistance only if the minor is severely disabled 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. To determine if deeming may be waived, the worker must explain the situation on Form ASD-17, attach a current medical report, and forward it to the Central Office. The parent(s)' income and resources must be deemed for grant eligibility.
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 minor is temporarily absent from the home but is still considered part of the household, the parent(s)' income must be deemed. Temporary absence includes, but is not limited to, school attendance where the minor returns to the home on a regular basis (weekends, vacations, or summers).
3. If the minor is permanently out of the home and no longer considered part of the household, the parent(s)' income must not be deemed. This includes facilities for the mentally retarded or mentally ill.
When the parent(s) of an SSI child applies for categorical assistance, the worker should advise SSI of the potential eligibility of the parent(s). If the parent(s) is subsequently approved for assistance, the worker must advise SSI of the approval.
{10/6/2010}