210 R.I. Code R. 210-RICR-50-00-6.3

Current through December 3, 2024
Section 210-RICR-50-00-6.3 - Definitions
A. For the purposes of this Part, the terms below are defined as follows:
1. "ACA expansion adult" means an adult between the ages of nineteen (19) and sixty-four (64) who is not eligible for or enrolled in Medicare or receiving SSI and qualifies for Medicaid coverage under the State Plan option established by the Federal Patient Protection and Affordable Care Act (ACA) of 2010 (42 U.S.C. § 18001).
2. "Annuity" means a purchased contract in which one (1) party (annuity issuer) agrees to pay the purchaser, or the person the purchaser designates (the payee or payees), a return on money deposited with the annuity issuer (either in the form of a single lump sum or several payments deposited over several months or years) according to the terms of the annuity contract.
3. "Authorized representative" means a person or entity whom an applicant or beneficiary designates to act responsibly on his or her behalf when applying for initial or continuing Medicaid eligibility and engaging with the agency on other ongoing communications. Such a designation requires the signed consent of the applicant or beneficiary, provided on paper or through any electronic signatures accepted by the State, unless conferred by court order or State law.
4. "Available resource" means that a person has the legal ability to access and use the resource(s) for support and maintenance. A resource is considered unavailable when there is a legal impediment that prevents the person from utilizing it for such purposes.
5. "Disqualifying transfer" means the divestment of an asset (liquid resource, prospective income, or real property) for less than fair market value or a fair market value than cannot be readily ascertained.
6. "Equity value" means the price an item can be reasonably expected to sell for on the local open market minus any encumbrances.
7. "Fair market value" or "FMV" means a certified appraisal or an amount equal to the price of the property or selling price of the asset on the open market in the locality that is readily ascertainable at the time of the transfer or contract for sale, or the application date if earlier.
8. "Financial responsibility unit" or "FRU" means the persons living with the applicant whose income and resources are considered available when determining financial eligibility.
9. "Guardian" means a person or institution appointed by a court in any state to act as a legal representative for another person, such as a minor or a person with disabilities.
10. "Medicaid eligibility group" means the total number of persons counted in a household - that is, the family size involved - when identifying the Federal Poverty Level (FPL) income level that applies when determining a person's Medicaid eligibility.
11. "Ownership interest" means the Medicaid applicant holds sole or joint legal title to the residential property or is a party to a legal covenant establishing property ownership, such as identified in § 6.9 of this Part.
12. "Principal place of residence" means the residential property where the beneficiary, and/or in the instances specified, the spouse or a dependent child of such a person, lives the majority of the year (i.e., one hundred eighty-three (183) days in the previous twelve (12) months).
13. "Real property" means land and generally whatever is erected, growing on, or affixed to land.
14. "Representative payee" means an individual, agency, or institution selected by a court or the Social Security Administration (SSA) to receive and manage benefits on behalf of another person.
15. "Trust" means property that is legally held or managed by a person or organization other than by its owners.
16. "Uncompensated value" or "UV" means the equity value (fair market value less any outstanding loans, mortgages or other encumbrances) minus the value of any compensation /consideration received by the applicant/beneficiary in exchange for the asset.

210 R.I. Code R. 210-RICR-50-00-6.3

Adopted effective 1/20/2019
Amended effective 7/21/2021