A. In this chapter, except as expressly limited or used in a different context in this chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Account" means cash savings or another form of liquid resource in a bank, credit union, savings and loan association, or any other financial institution in which the resource is subject to withdrawal by the account's owner or owners.
(2) "Adequate notice" means a written notice to an applicant, recipient, or representative about the Department's determination or intended action, that includes:
(a) A statement of the intended action;
(b) The reason for the intended action;
(c) The specific regulatory citation supporting the intended action;
(d) An explanation of the right to request an administrative review or hearing; and
(e) An explanation of the circumstances under which coverage is continued if a hearing is requested.
(3) "Adult" means an individual who is 19 years old or older.
(4) "Aged" means 65 years old or older.
(5) "Alien" means an individual who:
(a) Is present in the United States;
(b) Was not born in the United States; and
(c) Is not considered to be a citizen of the United States.
(6) "Annuity" means a right to receive fixed, periodic payments for life or a term of years.
(7) "Appeal" means a process by which an applicant, recipient, or representative requests review of a decision, action, or inaction of the Department.
(8) "Applicant" means an individual who is not a recipient and has filed an application for the Primary Adult Care Program, on which the Department has not taken final action to determine eligibility in accordance with the requirements of this chapter.
(9) "Application" means the filing with the Department of a signed application form for the Primary Adult Care Program.
(10) "Application date" means the date that a signed application form is received by the Department.
(11) "Application form" means a written form designated by the Department for use as application for the Primary Adult Care Program.
(12) "Application month" means the calendar month that includes the application date.
(13) "Assistance unit" means an individual or family whose eligibility for the Primary Adult Care Program is determined in conjunction with each other.
(14) "Asylee" means an alien who is granted asylum status in accordance with §208 of the Immigration and Nationality Act, when the alien is physically present in the United States or at a border or port of entry.
(15) "Available" means that there is no legal impediment, regardless of penalty, to the use of income or the sale, transfer, or liquidation of a resource.
(16) "Blind" means a condition for which an individual is determined to be blind by the Social Security Administration (SSA) and to qualify for benefits administered by SSA on the basis of that blindness.
(17) "Burial fund" means a revocable or irrevocable burial or funeral contract, agreement, trust, arrangement, or any other separately identifiable fund which is clearly designated in writing as set aside for an individual's anticipated burial or funeral expenses with a specified funeral home.
(18) "Burial spaces" means conventional gravesites, crypts, mausoleums, niches, liners, vaults, caskets, headstones, urns, markers, plaques, and other repositories which are customarily and traditionally used for the remains of deceased individuals, including the cost of opening and closing a grave.
(19) "Business day" means any day except Saturday, Sunday, or a holiday on which State offices are closed.
(20) "Certification period" means the period of time during which a recipient is certified as eligible for coverage in the Primary Adult Care Program before a redetermination shall be completed or eligibility is terminated.
(21) "Certify" means to enroll an eligible applicant or recipient in the Primary Adult Care Program for a certification period.
(22) "Child" means an individual younger than 19 years old.
(23) "Commingled" means that funds from separate sources are combined, so that the status of a separate source or designation is destroyed and impossible to verify.
(24) "Continuing eligibility" means the eligibility of a recipient for whom eligibility is redetermined.
(25) "Continuous period of institutionalization" means, including any days that an institutionalized individual is transferred to another medical institution but is not discharged from long-term care services (e.g., is transferred to a different long-term care facility or to an acute care hospital), a length of stay in a long-term care facility receiving long-term care services of at least:
(a) 30 consecutive days for an individual who is 21 years old or older; or
(b) A full calendar month for an individual who is younger than 21 years old.
(26) "Corrective Managed Care Program" means the program administered by the Department which limits recipients, who have abused or misused Primary Adult Care Program pharmacy benefits, to access most covered pharmacy services through a single pharmacy.
(27) "Countable" means income that is considered in the determination of eligibility for the Primary Adult Care Program.
(28) "Countable gross income" means an assistance unit's countable income:
(a) After subtracting any excludable income from gross income; and
(b) Before subtracting disregards.
(29) "Countable net income" means an assistance unit's income after subtracting disregards from countable gross income.
(30) "Coverage" means that an individual is certified as eligible for the services covered by the Primary Adult Care Program in accordance with COMAR 10.09.76.
(31) "Date of entry" means the date that an alien entered the United States from another country.
(32) "Deduction or withholding" means amounts deducted or withheld from income received by an individual, such as the following:
(a) Income taxes;
(b) Federal Insurance Contribution Act contributions;
(c) Health insurance or Medicare premiums;
(d) Alimony payments;
(e) Child support payments;
(f) Guardianship fees;
(g) Cost of goods sold; and
(h) Court-ordered garnishments.
(33) "Deny" means the Department determines that an applicant or recipient is ineligible for Primary Adult Care Program.
(34) "Department" means the Maryland Department of Health and Mental Hygiene, as defined in COMAR 10.09.36.01, or its authorized agents acting on behalf of the Department.
(35) "Department of Human Resources" means the State department that supervises the local departments of social services in the determination of Medical Assistance eligibility as authorized agents of the Department.
(36) "Dependent" means a child, sibling, or parent who is claimed as a dependent on an individual's income tax report.
(37) "Determination" means a decision by the Department regarding an applicant's or recipient's eligibility for Primary Adult Care Program coverage.
(38) "Disabled" means the inability, as determined by the Social Security Administration (SSA) as a condition of eligibility for benefits administered by SSA, to engage in any substantial gainful activity due to any medically determinable physical or mental impairment which:
(a) Is expected to result in death; or
(b) Has lasted or is expected to last for a continuous period of not less than 12 months.
(39) "Disregards" means fixed monetary amounts or documented expenses that are deducted from countable gross income to calculate countable net income.
(40) "Earned income" means monetary payment received by an individual as a direct result of employment or self-employment, including but not limited to the following:
(b) Commissions and fees;
(c) Salaries and tips;
(d) Royalties and honoraria;
(e) Self-employment income;
(f) Sick pay, which counts as earnings for deduction purposes under Title II of the Social Security Act; and
(g) Rental property income and other income received from income-producing property.
(41) "Eligibility" means an individual's qualification for Primary Adult Care Program coverage, in accordance with the requirements of this chapter.
(42) "Eligible" means that an individual is determined to meet the requirements of this chapter for eligibility as a Primary Adult Care Program recipient.
(43) "Encumbrance" means anything that affects or limits an owner's absolute and unqualified title to a resource, such as a mortgage or lien.
(44) "Equity interest" means an individual's share of the equity value of a resource.
(45) "Equity value" means the fair market value of a resource:
(a) Including any tax withholding or other deductions; and
(b) Excluding any penalty for early withdrawal and the cost of any legal debt or other encumbrances on the resource.
(46) "Estate" means real and personal property and other resources that an individual owns, as defined for State probate law in the Estates and Trusts Article, §1-101, Annotated Code of Maryland.
(47) "Excludable" means the types of income that are specified in this chapter as not countable in the determination of eligibility for the Primary Adult Care Program.
(48) "Excludable income" has the meaning stated in §C of this regulation.
(49) "Fair market value" means the price for which a property or other resource can reasonably be expected to sell on the open market in the relevant geographic area at the present time.
(50) "Family" means individuals related to each other by marriage such as a spouse.
(51) "Family member" means an individual's spouse who resides with the individual.
(52) "Federal Insurance Contribution Act (FICA)" means the federal act by which the required contribution to Social Security is withheld from an individual's wages by the employer or paid directly by a self-employed individual to the Internal Revenue Service.
(53) "Federal poverty level (FPL)" means the official nonfarm income poverty level as defined by the United States Office of Management and Budget and revised annually in accordance with §673(2) of the Omnibus Budget Reconciliation Act of 1981.
(54) "Financial eligibility" means the requirements specified in Regulation .12 of this chapter related to income eligibility.
(55) "Fraud" means:
(a) Knowingly and willfully making or causing to be made a false statement or representation of a material fact:
(i) In an application for a benefit or payment under the Primary Adult Care Program (PAC); or
(ii) That is used in determining rights to PAC benefits or payments;
(b) Having knowledge of the occurrence of an event affecting a recipient's initial or continued right to PAC benefits or payments, and concealing or failing to disclose that event with an intent to secure fraudulently those benefits or payments either in a greater amount or quantity than is due or when benefits or payments are not authorized;
(c) Applying to receive or receiving PAC benefits or payments for the use and benefit of another individual, and knowingly and willfully converting any part of the benefit or payment to a use other than for the other individual's use and benefit;
(d) Fraudulently obtaining, attempting to obtain, or aiding another individual in obtaining or attempting to obtain a drug product under the Primary Adult Care Program, such as by use of:
(i) Fraud, deceit, misrepresentation, or subterfuge;
(ii) Forgery or alteration of a prescription;
(iii) Concealment of any material fact; or
(iv) Use of false names or addresses; or
(e) Unauthorized possession of a:
(i) Prescriber's blank prescription form; or
(ii) Primary Adult Care Program recipient identification card.
(56) "Garnishment" means a notice, issued through legal action, which orders attachment of personal property or income to guarantee payment of a debt.
(57) "Gross income" means an applicant's or recipient's total earned and unearned income before any type of deduction or withholding.
(58) "Hearing" means an evidentiary hearing conducted pursuant to the requirements of COMAR 10.01.04.
(59) "Home" means any shelter where an assistance unit lives as the principal place of residence, including the parcel of land on which the home is situated and any related outbuildings necessary to its operation.
(60) "Home property" means real property for which an assistance unit member has an ownership interest and which is used as the assistance unit's home.
(61) "Household" means a family living together in the same home.
(62) "Household size" means the number of individuals included in an assistance unit, which is used when applying the financial eligibility income standard in Regulation .03 of this chapter.
(63) "Immediate family" means, without considering if an individual is a dependent or living together, an individual's:
(b) Minor and adult sons and daughters, including adopted children and stepchildren; and
(c) Brothers, sisters, parents, adoptive parents, and spouses of these individuals.
(64) "Income" means earned or unearned monetary payment or benefits received by an individual, which can be applied directly to meet the household's needs for support and maintenance.
(65) "Income entitlement benefit" means any income benefit to which an individual may have a claim or interest, such as, but not limited to:
(a) Social Security old age, survivors, or disability insurance benefits, but not including Supplemental Security Income benefits;
(b) Unemployment compensation;
(c) Railroad retirement;
(d) Veterans Administration benefits;
(e) Civil Service annuities;
(f) Federal, state, or local government and private pensions; and
(g) Workers' compensation.
(66) "Income-producing property" means home, business, farm, recreational, or other nonhome real property or personal property that produces income for the assistance unit, such as buildings, land, tools, machinery, livestock, and equipment.
(67) "Income tax" means federal, state, or local taxes that are paid or withheld from income, not to exceed the tax table amount for the individual's number of known dependents according to the applicable tax law.
(68) "Incorrect payment of benefits" means payment of benefits to which an individual is not entitled.
(69) "Ineligible" means that an individual is determined not to meet the requirements under this chapter for eligibility as a Primary Adult Care Program recipient.
(70) "Initial eligibility" means the eligibility of an applicant for whom eligibility is determined.
(71) "Inmate of a public institution" means an individual who is incarcerated and serving a court's sentence for a criminal offense or is otherwise confined involuntarily in a public correctional facility, such as a:
(c) Detention center; or
(d) Publicly owned and operated juvenile correctional facility.
(72) "Institution" means a facility that furnishes food, shelter, and some treatment services to four or more individuals unrelated to the proprietor, not including community-based facilities such as an assisted living facility or group home.
(73) "Institution for mental disease" means a hospital, nursing facility, or other medical institution of more than 16 beds that is primarily engaged in providing diagnosis, treatment, or care for mental diseases or substance abuse, such as the following types of medical institutions:
(a) Psychiatric hospital;
(b) Residential treatment center;
(c) Regional Institute for Children and Adolescents;
(d) Intermediate care facilityalcoholic for patients who are 21 years old or older; and
(e) Residential drug-free treatment program.
(74) "Institutionalized individual" means an individual who is determined by the Department to have a level of care for long-term care services and is residing in a long-term care facility for a continuous period of institutionalization.
(75) "Irrevocable" means an action or condition that may not be reversed or taken back to a prior condition.
(76) "Lien" means a claim, ordinarily arising by operation of law, which is placed on real or personal property to:
(a) Prevent the property's sale or transfer until a debt or duty is satisfied; and
(b) Establish the right to hold or to take and sell the debtor's property as the security or payment for a debt or duty.
(77) "Life estate" means property for which the ownership is conveyed by one party (the owner or grantor) to a second party (the remainderman) under the condition that the owner:
(a) Is allowed to possess and use the property for the rest of the owner's life; and
(b) Has the right to sell an interest in the life estate.
(78) "Living together" means a family's residing in the same home.
(79) "Long-term care facility" means a licensed chronic care hospital, rehabilitation hospital, nursing facility, institution for mental disease, or intermediate care facility mental retardation that provides long-term care services.
(80) "Long-term care services" means the medical and support services required by an institutionalized individual who, due to chronic illness or a mental or physical disability, requires the type of services and level of care provided by a long-term care facility over an extended period of time.
(81) "Lump-sum income" means a nonrecurring payment or benefit received as a lump-sum amount on a deferred, delayed, or other one-time-only basis.
(82) "Medical Assistance" means the program administered by the State and provided under the State Plan or a waiver program approved by the U.S. Department of Health and Human Services in accordance with Title XIX of the Social Security Act, which covers medical and other health-related care for eligible individuals.
(83) "Medical institution" means an institution that:
(a) Is appropriately licensed to provide inpatient medical care, including nursing and convalescent care;
(b) Has the necessary professional personnel, equipment, and facilities to manage the medical, nursing, and other health needs of patients on a continuing basis in accordance with accepted standards;
(c) Is authorized under state law to provide the medical care; and
(d) Is staffed by professional personnel who are responsible to the institution for professional medical and nursing services.
(84) "Medicare" means the medical insurance program administered by the federal government that provides benefits to aged, blind, or disabled individuals, in accordance with Title XVIII of the Social Security Act, 42 U.S.C. §1395 et seq.
(85) "Motor vehicle" means an automobile, passenger car, motorcycle, service utility vehicle, truck, recreational vehicle, trailer, boat, airplane, or other motorized vehicle.
(86) "National" means an individual who is given the same rights as a citizen under the law because the individual was born in American Samoa or Swain's Island.
(87) "Naturalization" means the process through which an alien becomes a citizen.
(88) "Nonfinancial eligibility" means the technical eligibility requirements specified in Regulation .10 of this chapter that are not related to financial eligibility.
(89) "Notice" means a letter sent by the Department to an applicant, recipient, or representative, which provides information about the applicant's or recipient's Primary Adult Care Program eligibility.
(90) "Owner" means an individual who has an ownership interest in a resource.
(91) "Ownership interest" means the portion of a resource that an individual owns.
(92) "Parent" means a child's birth, step, or adoptive father or mother, including a birth father who has acknowledged paternity.
(93) "Period under consideration" means the period up to 6 months for which an assistance unit's income is assessed for the determination of eligibility under this chapter.
(94) "Personal property" means all property that is not real property or liquid resources, such as:
(a) Household goods and furnishings;
(b) Office furniture;
(d) Motor vehicles;
(e) Equipment; and
(f) Livestock and farm animals.
(95) "Primary Adult Care Program (PAC)" means a part of the Maryland Medicaid Managed Care Program authorized by Health-General Article, Title 15, Subtitle 1, Annotated Code of Maryland, and by a §1115 waiver issued by the federal government, established in COMAR 10.09.76 to provide covered services to low-income adults who meet the eligibility requirements specified in COMAR 10.09.76.02 and this chapter.
(96) "Program" means the Primary Adult Care Program.
(97) "Property" means anything, including personal items and real estate, for which an individual has an ownership interest.
(98) "Public institution" means a nonmedical institution:
(a) Which is the responsibility of a governmental entity or over which a governmental entity exercises administrative control;
(b) Which is not a medical institution or a publicly operated community facility serving not more than 16 residents; and
(c) In which an incarcerated inmate lives and is confined involuntarily.
(99) "Qualified alien" means an alien who meets the requirements under Regulation .08 of this chapter for a qualified alien.
(100) "Quality control review" means the Department's review of Medical Assistance cases to evaluate the accuracy of eligibility determinations and providers' payments.
(101) "Reactivation" means to file a request during the reactivation period to reactivate a denied application for a determination of eligibility, rather than filing a reapplication that establishes a new period under consideration.
(102) "Reactivation period" means the period of time remaining in the period under consideration for a denied application, if the application was denied for not meeting a requirement in Regulations .04.06 of this chapter, rather than for not meeting a financial or nonfinancial eligibility requirement.
(103) "Real property" means property that is fixed or immobile, such as:
(b) Buildings or immovable objects attached permanently to the land;
(c) Growing crops; and
(d) Rights to the use of the land, such as ground rent or mineral, water, farming, or air rights.
(104) "Reapplication" means to reapply for eligibility after:
(a) The reactivation period has expired for an earlier application; or
(b) An earlier application was denied for not meeting a financial or nonfinancial eligibility requirement.
(105) "Recipient" means an individual who is certified by the Department as eligible for Primary Adult Care Program coverage in accordance with the requirements of this chapter.
(106) "Redetermination" means a determination by the Department, at least every 12 months, regarding a recipient's continuing eligibility, in accordance with the requirements of this chapter.
(107) "Refugee" means an alien who is granted refugee status in accordance with §101(a)(42) of the Immigration and Nationality Act because the individual is unwilling or unable to return to the individual's country of nationality due to persecution or fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
(108) "Representative" means a spouse, legal guardian, parent, individual with power of attorney, relative, or other individual designated in writing to the Department, authorized, concerning the applicant's or recipient's eligibility under this chapter, to:
(a) Act on an applicant's or recipient's behalf; and
(b) Assist with the application or redetermination process and in other communication with the Department.
(109) "Resident" means an individual who is living in the State:
(b) With the intention to remain and make the State the individual's residence for an indefinite period; and
(c) Not for a temporary purpose.
(110) "Reverse mortgage" means a type of home loan for which the owner receives periodic or lump-sum payments from the lender based on the property's equity value.
(111) "Revocable" means an action or condition that may be reversed or taken back to a prior condition.
(112) "Room and board" means shelter, utilities, maintenance, furnishings, and food, which are provided in or associated with the place where an individual lives.
(113) "Self-employment income" means income earned directly from an individual's business, trade, or profession (such as self-produced income, income from room and board, or income from lease or rental of the individual's property), rather than income earned as salary or wages from an employer.
(114) "Sheltered workshop" means a workshop or activities center licensed by the Department for the Developmental Disabilities Administration under Health-General Article, Title 7, Subtitle 9, Annotated Code of Maryland.
(115) "Social Security" means the federal retirement, survivors, and disability insurance that is issued as monthly cash payments to beneficiaries under Title II of the Social Security Act.
(116) "Social Security Administration" means the administrative unit that is responsible for administering specified programs under the Social Security Act.
(117) "Spouse" means an individual who is legally married to another individual under State law, including an individual who is legally separated or otherwise living apart from the husband or wife before a divorce decree becomes final.
(118) "State Plan" means a comprehensive written commitment by the State Medical Assistance agency, submitted under §1902(a) of the Social Security Act and approved by the U.S. Department of Health and Human Services, to administer or supervise the administration of a Medical Assistance program in accordance with federal requirements.
(119) "Student" means an individual who is attending:
(a) Elementary, middle, or high school;
(b) A program for obtaining a secondary school diploma or equivalent;
(c) College, university, or other recognized program of post-secondary education; or
(d) A course of vocational or technical training designed to fit the individual for gainful activity, including a Job Corps program and other training programs under the Job Training Partnership Act or Workforce Investment Act.
(120) "Substantial hardship" means that, in the Department's judgment, an estate claim will result in the sale or transfer of real property owned by the decedent and that the sale or transfer will result in the removal from the property of a dependent who:
(a) Resided in the property on the date of the decedent's death;
(b) Has resided in the property continuously for a period beginning at least 2 years before the decedent's death; and
(c) Cannot provide an alternate residence.
(121) "Support and maintenance" means food, clothing, shelter, medical care and services, and personal comfort items.
(122) "Temporary Disability Assistance Program (TDAP)" means benefits issued by the Department of Human Resources in accordance with COMAR 07.03.05.
(123) "Third party liability" means an insurance company or other entity that is or may be liable to pay all or part of the medical cost for an individual's injury, disease, disability, or medical care and treatment.
(124) "Trust" means a legal instrument for a right of property, which is either revocable or irrevocable and is created other than by a will by a grantor for the benefit of designated beneficiaries under the laws of the State, and is subject to the management of a trustee or trustees who have a fiduciary responsibility to manage the trust's resources and income for the beneficiaries' benefit.
(125) "Unearned income" means monetary payments or benefits received by an individual that are not earned income, including but not limited to the following:
(a) Social Security Administration benefits, except that Supplemental Security Income is excludable income;
(b) Veterans Administration payments to veterans and their families, such as pensions and compensation due to disability or death;
(c) Workers' Compensation Board payments, excluding the individual's legal costs and other expenses to obtain the benefit;
(d) Black Lung Program and miners' benefits;
(e) Railroad Retirement Board benefits;
(f) Civil Service annuities;
(g) Government, private, or company pensions, annuities, or retirement benefits;
(h) Unemployment insurance or supplemental unemployment benefits;
(i) Payments from leases or for the right to use oil or minerals extracted from land owned by an assistance unit member;
(j) Government payments for the right to use land owned by an assistance unit member;
(k) Income received from a trust;
(l) Payment received from a trust, if the trust is excluded as a resource;
(m) Income received from an annuity;
(n) Strike benefits;
(o) The portion of a military allotment received by the assistance unit;
(p) Court-ordered or voluntary alimony or support payments received from an assistance unit member's absent spouse;
(q) Court-ordered or voluntary child support payments received for a child from an absent natural or adoptive parent;
(r) Interest, dividends, royalties, or other income accrued to stocks, bonds, or other nonbank investment accounts;
(s) Interest earned on an Individual Retirement Account, Keogh account, or other private retirement account, if the account is excluded as a resource;
(t) Periodic payments received by an individual from a retirement or disability insurance plan or from hospital indemnity insurance in place of the individual's usual income;
(u) Interest payments received by an assistance unit member as the lender for a mortgage, promissory note, or other loan, with payment of the principal considered as a resource;
(v) Sick pay that does not count as earnings for deduction purposes under Title II of the Social Security Act; and
(w) Lump-sum income received on a one-time-only basis, such as but not limited to:
(i) Monetary gifts, prizes, or awards;
(ii) Retroactive benefit payments;
(iii) Lottery winnings;
(iv) Military reenlistment bonuses;
(v) Awards from damage or accident claims;
(vi) Life insurance, inheritance, or death benefits received by an assistance unit member after another individual's death, excluding the amount spent on the deceased individual's burial, funeral, and medical care at the end of life;
(vii) Payment received directly by an assistance unit member from a casualty, disability, indemnity, or other insurance policy; and
(viii) Other lump sums that are not excluded under §C of this regulation.
(126) "Verification" means documentation or third-party information that is used to establish the accuracy of statements made verbally or in writing related to an application or an individual's eligibility, obtained by such means as documentary evidence, collateral contacts, or a home visit.
(127) "Withdrawal" means the applicant's, recipient's, or representative's request to withdraw an application and for the Department to discontinue its determination of eligibility.
C. "Excludable income" means income of the following types or from the following sources:
(1) The value of food, livestock, and other home produce that is produced and used for the household's consumption;
(2) Education-related grants, loans, scholarships, Veteran's educational benefits, training allowances, and fellowships for a student's educational expenses such as:
(c) Mandatory fees;
(d) Transportation to and from the educational institution; and
(e) The cost of child care while in attendance;
(3) Work-study earnings, stipends, and reimbursement for out-of-pocket expenses received by a student in a work-study program;
(4) Payments received for providing foster care or subsidized adoption services to a child placed in the home by a public or private nonprofit child placement or child care agency;
(5) Remuneration received for work or activities performed as a participant in a sheltered workshop;
(6) Cash or other assistance based on need which is wholly funded by a State or local government;
(7) Cash donations based on need from one or more charitable organizations;
(8) Funds received for providing room, board, or room and board in the assistance unit's home to another individual;
(9) Interest earned or appreciation in the value for a burial fund or burial space that is excluded from consideration as a resource;
(10) Payments received from a trust, if the trust is countable as a resource;
(11) Payment returned to the source to repay a prior overpayment;
(12) Refund of income, property, food, or other taxes already paid;
(13) Cash, interest earned on the cash, or an in-kind replacement if it is received and used to repair or replace a resource that is lost, damaged, or stolen;
(14) Replacement of income already received, because the income was lost, destroyed, or stolen;
(15) Receipts from the sale, exchange, or replacement of a resource, because this money is considered as a resource that has changed its form;
(16) Income from the sale of an assistance unit member's blood or plasma;
(17) Money received and used by the assistance unit for the care and maintenance of an individual who is not an assistance unit member, such as funds received and used by a guardian or representative payee on behalf of another individual;
(18) Cash or in-kind payment with money not owed to the assistance unit, that is paid directly by a nonassistance unit member on the assistance unit's behalf to a third party for a household expense, such as payments for:
(a) Medical services;
(b) Health insurance;
(e) Shelter; or
(f) Other goods and services for the assistance unit;
(19) Reimbursement for out-of-pocket expenses incurred while performing volunteer work, such as for meals, transportation, or parking;
(20) Funds received for a reverse mortgage;
(21) Proceeds of a loan received by an individual as the borrower;
(22) Utility reimbursements or allowances from the U.S. Department of Housing and Urban Development that are paid directly to the household;
(23) Hostile fire pay received by a member of the United States uniformed services;
(24) Earned income of a child who is:
(a) Younger than 18 years old;
(b) A full-time student in secondary school, or an equivalent, and younger than 19 years old; or
(c) A full-time student and reasonably expected to complete a program of secondary education or the equivalent level of vocational or technical training before the end of the calendar year in which the child turns 19 years old;
(25) Infrequent or irregular earned or unearned income from an individual or organization if:
(a) The total gross amount does not exceed $200 per 6 months; and
(b) It is received less frequently than twice per quarter or cannot be reasonably anticipated;
(26) The value of earned or unearned in-kind income or support received by the assistance unit, meaning any gain or benefit that is not in the form of money paid directly to the assistance unit, such as, but not limited to, the value of in-kind:
(a) Compensation received for services or products provided by the household; or
(b) Goods, supports, or services received by the household from individuals or public or private agencies, such as but not limited to:
(i) Food, groceries, Food Stamps, and food vouchers or coupons;
(ii) Housing assistance such as public housing, housing subsidies, and rental assistance or vouchers;
(iii) Energy, utility, or weatherization assistance; or
(iv) Child care provided, arranged, paid, subsidized, or reimbursed;
(27) Interest income accrued to a:
(a) Bank account during the period under consideration, such as a checking, savings, or money market account;
(b) Dedicated bank or financial institution account that is considered an excludable resource because it is unavailable, such as an escrow account for a security deposit; or
(c) Keogh account, Individual Retirement Account, or other private retirement account that is countable as a resource;
(28) Reimbursement of the assistance unit for past or future expenses for an identified expense other than the assistance unit's normal living expenses, such as reimbursement for medical or employment expenses, which:
(a) Is used for the intended purpose;
(b) Does not exceed the actual incurred expenses; and
(c) Does not represent a gain or benefit to the assistance unit;
(29) Insurance benefit payments from:
(a) Burial insurance or mortgage indemnity insurance, if paid directly to a lender, funeral home, or other third party or vendor; or
(b) Credit life or credit disability insurance, if paid directly to a lender on the borrower's behalf in order to cover loan payments, installment purchases, or other financial obligations when the borrower or policy holder becomes disabled or dies;
(30) Other types of income which are excluded in accordance with COMAR 10.09.24; and
(31) Other types of income which are excluded by federal statute from consideration for public needs-based benefits programs, including but not limited to:
(a) Current or retroactive Supplemental Security Income payments under Title XVI of the Social Security Act;
(b) Earned income received by a recipient of Supplemental Security Income;
(c) Services, such as meals and personal care, provided to a public housing resident by a congregate services program under §802 of the Cranston-Gonzales National Affordable Housing Act of 1990, except for wages or stipends paid to residents who provide congregate care or other services in the public housing complex;
(d) Refund or partial advanced payment of the Earned Income Tax Credit received by an individual through the Tax Reduction Act of 1973;
(e) Payments under the Youthbuild Program, in accordance with the Housing and Community Development Acts of 1987 and 1992;
(f) Allowances or subsidies to cover training-related expenses, earnings, or payments to participants in programs under the Job Training Partnership Act or the Workforce Investment Act, except that on the-job training payments for participants at least 19 years old shall be counted as earned income;
(g) Vocational educational assistance under the Carl D. Perkins Vocational Education Act of 1990;
(h) Any wages, allowances, or reimbursement for transportation or attendant care costs, unless excepted on a case-by-case basis, when received by a blind or disabled individual employed in a project under Title VI of the Rehabilitation Act of 1973;
(i) Payments from the Agent Orange Settlement Fund or a similar fund established pursuant to the settlement in the Agent Orange product liability litigation, according to the Agent Orange Compensation Exclusion Act of 1989;
(j) Payments received under the Radiation Exposure Compensation Act of 1990;
(k) Payments received under a publicly or privately funded crime victims' compensation program or otherwise excluded according to the Crime Act of 1984;
(l) Payments under the Ricky Ray Hemophilia Relief Fund Act of 1998;
(m) 1/3 of child support payments received for a blind or disabled child;
(n) The following types of disaster relief, assistance, employment, or maintenance, including any interest earned on the assistance received:
(i) Disaster assistance under the Disaster Relief and Emergency Assistance Act of 1974;
(ii) Other disaster assistance or employment provided under a federal statute because of a catastrophe declared to be a major disaster by the President of the United States; and
(iii) Comparable disaster assistance provided by a state or local government or by a private disaster assistance organization;
(o) Stipends, compensation, educational assistance, or expenses received by volunteers from a program existing or to be set up under the Domestic Volunteer Services Act of 1973 or the National and Community Trust Act of 1990 and 1993, including but not limited to:
(ii) Volunteers in Service to America;
(iii) Service Corps of Retired Executives;
(iv) University Year for Action;
(v) Retired Senior Volunteer Program; and
(vi) Foster Grandparents Program;
(p) Payments received for relocation or displacement of the household (except that compensation received for the fair market value of acquired real property shall be considered as a resource) from:
(i) A state or local government; or
(ii) Federal or federally assisted programs that acquire real property under the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970;
(q) Certain earnings or supports received through the Older Americans Act, including:
(i) Earnings from programs under Title V of the Older Americans Act; and
(ii) The value of assistance received under the Older Americans Act, such as home-delivered meals, Senior Care, personal care, or senior center services;
(r) The following types of World War II compensation payments:
(i) According to the Nazi Persecution Victims Eligibility Act, reparation or other compensation payments received by victims of Nazi persecution from Austria, the Netherlands, or Germany; and
(ii) Amounts received as restitution by certain Aleuts or individuals of Japanese ancestry for losses suffered as a result of evacuation, relocation, and internment during World War II, according to the Civil Liberties Act of 1988 (Wartime Relocation of Civilians) or the Aleutian and Pribilof Islands Restitution Act; and
(s) The following types of veterans' benefits:
(i) Assistance under the Veterans' Benefits Improvement and Health Care Authorization Act of 1986;
(ii) Veterans' benefits for children with certain birth defects who were born to female Vietnam War veterans;
(iii) The portion of a Veterans Administration benefit paid to an individual because of a dependent who is not a member of the same assistance unit;
(iv) Vietnam Veterans' allowances for children with spina bifida, according to Public Law 104204;
(v) Veterans' educational benefits; and
(vi) Veterans Administration clothing allowances, payments for unusual medical expenses, aid and attendance payments, and housebound allowances.