1. (a) Determining whose resources count. In determining eligibility, the Texas Health and Human Services Commission (HHSC) counts the resources of:

   1. (1) the members of the certified group;
   2. (2) each parent of a child in the certified group who lives in the household and is ineligible or disqualified from receiving benefits;
   3. (3) each sibling of a dependent child in the certified group who lives in the household and is disqualified from receiving benefits; and
   4. (4) in the case of a household containing a sponsored alien, the alien's sponsor and the sponsor's spouse to the extent allowed by federal law.
2. (b) Exemption for pregnant women. HHSC does not count resources in determining eligibility for pregnant women.
3. (c) Value of a nonliquid resource. 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.

4. (d) Resource limits. A household meets the resources eligibility requirement if the household's countable resources are at or below:

   1. (1) $3,000 for a household with a member who is aged or disabled and meets relationship requirements, even if the aged or disabled member is not part of the Medicaid budget group; or
   2. (2) $2,000 for all other households.
5. (e) Consequence of transferring resources. An applicant, if otherwise eligible, is not denied Medically Needy Program services because the applicant transferred resources to qualify for Medicaid.

Source Note:The provisions of this §366.823 adopted to be effective June 9, 2010, 35 TexReg 4661.