Family and Children's Medicaid MA-3313 SPONSOR DEEMING
III. policy principles
A. Legal Permanent Residents (LPR’s) whose sponsor signs the I-864 Affidavit are subject to alien sponsor deeming rules. (See V., Immigrants Affected by Alien Sponsor Deeming.)
B. Count the income and resources of sponsors who sign the I-864 Affidavit in determining the sponsored alien’s eligibility for Medicaid and NCHC.
C. Count the income and resources of the sponsor’s spouse. This is limited to situations in which the sponsor’s spouse is living with the sponsor.
D. Sponsor deeming begins with the month in which an alien is lawfully admitted into the U.S. for permanent residence or an alien’s status is adjusted to legal permanent resident status.
E. There is no absolute time limit on the application of the deeming rules to affected aliens. (See XI., Time Limit for Sponsor Deeming.)
F. Sponsor deeming ends once an alien accrues 40 qualifying quarters of work credit (See MA-3330, Alien Requirements, for procedures on verifying 40 qualifying quarters.) or becomes a U.S. citizen.
G. Always verify the sponsor’s income and resources when determining eligibility for a sponsored alien. (Aliens exempt from deeming do not need to provide information about their sponsor’s income or resources.)
H. Do not consider the sponsor or his spouse as part of the alien a/r’s budget unit. The alien a/r is not required to live with the sponsor.
I. Do not accept the alien a/r’s statement as verification of whether he has a sponsor. You must verify sponsorship. See IV. and VIII. below.
J. Apply the regular Medicaid budgeting rules for:
1. An alien whose sponsor is the alien’s spouse provided that the LPR is living with the spouse, and
2. Aliens who are sponsored by a parent and who either are under age 21 for Family and Children’s or under age 18 for Aged, Blind and Disabled.
REVISED 07/01/10 – CHANGE NO. 08-10
K. If the child is under age 21 for Family and Children’s or under age 18 for Aged, Blind and Disabled, count income as a parent rather than a sponsor. If the child is over these ages, count the parent or spouse’s income as a sponsor.