<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".23" citation="COMAR 32.03.04.23" title_num="32" subtitle_num="03" chapter_num="04" heading="Participant Eligibility for Subsidy.">
  <paragraph num="A.">
    <text>An individual in a facility whose provider has a subsidy services agreement for a Standard Congregate Housing Services Plan is eligible to receive a subsidy if:</text>
    <paragraph num="(1)">
      <text>The individual has been determined to be eligible to be a participant and receives services in the facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The individual’s net monthly income is insufficient to pay the full monthly fee approved by the Department in the subsidy services agreement with the provider;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The individual's net annual income is less than 60 percent of the State median income as most recently published by the Maryland Department of Human Services;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>None of the exclusions under §G of this regulation applies; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The individual's assets do not exceed $27,375.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>A couple in a facility whose provider has a subsidy services agreement for a Standard Congregate Housing Services Plan shall be eligible to receive a subsidy if:</text>
    <paragraph num="(1)">
      <text>Both members of the couple have been determined to be eligible to be participants and receive services in the facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The couple’s net monthly income is insufficient to pay the full monthly fee for a couple approved by the Department in the subsidy services agreement with the provider;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The combined net annual income of the members of the couple is less than 60 percent of the State median income for a couple as most recently published by the Maryland Department of Human Services;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>None of the exclusions under §G of this regulation applies; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The couple's combined assets do not exceed $35,587.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An individual in a facility whose provider has a subsidy services agreement for an Individualized Congregate Housing Services Plan shall be eligible for a subsidy if:</text>
    <paragraph num="(1)">
      <text>The individual has been determined to be eligible to be a participant and receive services in the facility;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The individual's net annual income is less than 60 percent of the State median income as most recently published by the Maryland Department of Human Services;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>None of the exclusions under §G of this regulation applies; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The individual's assets do not exceed $27,375.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Real property that was the primary residence of a participant immediately before admission to the Program may not be counted towards the asset limit for 1 year after the date of admission to the Program. If after 1 year from admission the participant retains any ownership interest in the real property that was the primary residence of the participant immediately before admission, the value of the participant's ownership interest shall be counted against the asset limit.</text>
  </paragraph>
  <paragraph num="E.">
    <text>An individual applying for a subsidy shall submit, along with the subsidy application, written documentation of all income and assets.</text>
  </paragraph>
  <paragraph num="F.">
    <text>If an individual is placed on a waiting list under Regulation .21D(2) of this chapter, the provider may process an advisory subsidy application and subsidy calculation form in order to estimate for the individual the probable amount of subsidy, if any, the individual could receive if enrolled in the program.</text>
  </paragraph>
  <paragraph num="G.">
    <text>An individual is not eligible to receive a subsidy if the individual is enrolled in:</text>
    <paragraph num="(1)">
      <text>A Medicaid waiver program under 26 U.S.C. §1915(c) in Title XIX of the federal Social Security Act;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Program of All-Inclusive Care for the Elderly, commonly known as PACE; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A Medicaid capitated program that includes long-term care services.</text>
    </paragraph>
  </paragraph>
</regulation>