Code of Federal Regulations Title 42. Public Health § 42.435.735 Post-eligibility treatment of income and resources of individuals receiving home and community-based services furnished under a waiver:  Application of patient income to the cost of care

(i) The deduction amount is based on a reasonable assessment of need.

(ii) The State establishes a maximum deduction amount that will not be exceeded for any individual under the waiver.

(i) The more restrictive income standard established under § 435.121;  or

(ii) The medically needy standard for an individual.

(i) Be based on a reasonable assessment of their financial need;

(ii) Be adjusted for the number of family members living in the home;  and

(iii) Not exceed the higher of the need standard for a family of the same size used to determine eligibility under the State's approved AFDC plan or the medically needy income standard established under § 435.811 for a family of the same size.

(i) Medicare and other health insurance premiums, deductibles, or coinsurance charges;  and

(ii) Necessary medical or remedial care recognized under State law but not covered under the State's Medicaid plan, subject to reasonable limits the agency may establish on amounts of these expenses.