Example: Tom, an immigrant, and his son, John, age 8, came to the U.S. as lawful permanent residents in December 1995. Tom’s wife, Brenda, is not able to come to the U.S. until January 1998. She is sponsored by her brother, a naturalized U.S. citizen, who signs the I-864 Affidavit. Brenda, Tom, and John all live together.
REISSUED 07/01/10 – CHANGE NO. 08-10
If Brenda applies for Medicaid for herself, the income and resources of her brother count in determining her eligibility because he signed the I-864 sponsoring her. If son John had come to the country with Brenda, and been named on the Affidavit signed by Brenda’s brother, then Brenda’s brother’s income and resources would be counted in determining the eligibility of both Brenda and John for either Medicaid or NCHC. Tom’s income also would count as spouse/parent to Brenda and John.
If Brenda applies for Medicaid for John only, Brenda’s brother’s income and resources would not be considered in determining John’s eligibility for Medicaid or NCHC. You would count Brenda’s and Tom’s income and resources, if appropriate, excluding any income/resource deemed to her by her sponsor for John.
Apply the current Medicaid policy for determining what is countable resources for the sponsor. Apply the same definitions and exclusions for the sponsor’s resources that are applied to a/r’s. See MA-3320, Resources.
Compare the amount of countable resources of the sponsor and the a/r to the resource limit to determine if the a/r is eligible for Medicaid.
For questions or clarification on any of the policy contained in these manuals, please contact your local county office.