| (a) In determining eligibility, HHSC counts the resources
of the applicant or recipient and all members of the applicant's or
recipient's household composition. For those who are subject to this
Subchapter (relating to the Medically Needy Program):
(1) the resources of any household composition member
who is not the parent or spouse of the applicant or recipient are
not counted; and
(2) the resources of an alien's sponsor and the sponsor's
spouse are counted to the extent allowed by federal law in the case
of an applicant or recipient 19 years of age and older who is an alien
or has a sponsored alien in his or her household composition.
(b) HHSC does not count resources in determining eligibility
for pregnant women.
(c) HHSC considers the value of a nonliquid resource,
except for a vehicle, to be its equity value. HHSC determines the
equity value by subtracting any money owed on the resource and any
reasonable cost associated with selling or transferring the resource
from the fair market value.
(d) An applicant or recipient meets the resources eligibility
requirement if the applicant or recipient's countable resources are
at or below:
(1) $3,000 for an applicant or recipient who lives
in the same physical residence with an individual who is aged or disabled
and meets relationship requirements, even if the aged or disabled
member is not part of the applicant or recipient's household composition;
or
(2) $2,000 for all other applicants or recipients.
(e) An applicant, if otherwise eligible, is not denied
Medically Needy Program services because the applicant transferred
resources to qualify for Medicaid.
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