(Revised 2/02 ML #2776)
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All assets must be considered in establishing eligibility for Medicaid as provided in the Medicaid Service Chapter 510-05-35-05.
Only such assets as are actually available will be considered. Assets are actually available when at the disposal of an applicant, recipient, or responsible relative; when the applicant, recipient, or responsible relative has a legal interest in a liquidated sum and has the legal ability to make the sum available for support, maintenance, or medical care; or when the applicant, recipient, or responsible relative has the lawful power to make the asset available, or to cause the asset to be made available.
The financial responsibility of any individual for any applicant or recipient is limited to the responsibility of spouse for spouse and parents for a child under age twenty-one, or if blind or disabled, under age eighteen. Such responsibility is imposed upon applicants or recipients as a condition of eligibility for Medicaid.