N.M. Admin. Code § 8.200.510.12
Current through Register Vol. 35, No. 23, December 10, 2024
Section 8.200.510.12 - POST-ELIGIBILITY CALCULATION (MEDICAL CARE CREDIT)Apply applicable deductions in the order listed below when determining the medical care credit for an institutionalized spouse.
| DEDUCTION | AMOUNT |
A. | Personal needs allowance for institutionalized spouse: July 1, 2023 | $91 |
B. | Minimum monthly maintenance needs allowance (MMMNA): July 1, 2023 | $2,465 |
C. The community spouse monthly income allowance (CSMIA) is calculated by subtracting the community spouse's gross income from the MMMNA: (1) If allowable shelter expenses of the community spouse exceeds the minimum allowance then deduct an excess shelter allowance from community spouse's income that includes: expenses for rent; mortgage (including interest and principal); taxes and insurance; any maintenance charge for a condominium or cooperative; and an amount for utilities (if not part of maintenance charge above); use the standard utility allowance (SUA) deduction used in the food stamp program for the utility allowance. (2) Excess shelter allowance may not exceed the maximum: (a) | Jan. 1, 2024 | $1,388.50 |
(b) | July 1, 2023 | $1,251 |
(c) | Jan. 1, 2023 | $1,427 |
(d) | July 1, 2022 | $1,146 |
(e) | Jan. 1, 2022 | $1,257 |
(f) | July 1, 2021 | $1,082 |
(g) | Jan. 1, 2021 | $1,105 |
D. Any extra maintenance allowance ordered by a court of jurisdiction or a state administrative hearing officer.E. Dependent family member income allowance (if applicable) calculated as follows: 1/3 X MMMNA - dependent member's income).F. Non-covered medical expenses.G. The maximum total of the community spouse monthly income allowance and excess shelter deduction may not exceed $3,853.50.N.M. Admin. Code § 8.200.510.12
1-1-95, 7-1-95, 3-30-96, 8-31-96, 4-1-97, 6-30-97, 4-30-98, 6-30-98, 1-1-99, 7-1-99, 7-1-00; 8.200.510.12 NMAC - Rn, 8 NMAC 4.MAD.510.2 & A, 1-1-01, 7-1-01; A, 1-1-02; A, 7-1-02; A, 1-1-03; A, 7-1-03; A, 1-1-04; A, 7-1-04; A, 1-1-05; A, 7-1-05; A, 1-1-06; A, 7-1-06; A, 1-1-07; A, 7-1-07; A, 1-1-08; A, 7-1-08, A, 1-1-09, A, 4-1-09; A, 7-1-09; A, 7-1-11; A, 1-1-12; A, 7-1-12; A, 7-1-13; A, 2-14-14; A, 4-1-14; A, 7-1-14, Adopted by New Mexico Register, Volume XXVI, Issue 13, July 15, 2015, eff. 7/1/2015, Amended by New Mexico Register, Volume XXVIII, Issue 04, February 28, 2017, eff. 3/1/2017, Amended by New Mexico Register, Volume XXIX, Issue 17, September 11, 2018, eff. 8/30/2018, Amended by New Mexico Register, Volume XXIX, Issue 23, December 11, 2018, eff. 12/11/2018, Amended by New Mexico Register, Volume XXX, Issue 08, April 23, 2019, eff. 4/11/2019, Amended by New Mexico Register, Volume XXX, Issue 14, July 30, 2019, eff. 7/30/2019, Amended by New Mexico Register, Volume XXXI, Issue 02, January 28, 2020, eff. 1/16/2020, Amended by New Mexico Register, Volume XXXI, Issue 09, May 5, 2020, eff. 5/5/2020, Amended by New Mexico Register, Volume XXXI, Issue 16, August 25, 2020, eff. 8/11/2020, Amended by New Mexico Register, Volume XXXI, Issue 23, December 15, 2020, eff. 12/15/2020, Amended by New Mexico Register, Volume XXXII, Issue 09, May 4, 2021, eff. 4/1/2021, Amended by New Mexico Register, Volume XXXII, Issue 16, August 24, 2021, eff. 9/1/2021, Amended by New Mexico Register, Volume XXXIII, Issue 08, April 19, 2022, eff. 4/1/2022, Amended by New Mexico Register, Volume XXXIII, Issue 15, August 9, 2022, eff. 8/9/2022, Amended by New Mexico Register, Volume XXXIV, Issue 06, March 28, 2023, eff. 4/1/2023, Amended by New Mexico Register, Volume XXXV, Issue 07, April 9, 2024, eff. 4/1/2024, Amended by New Mexico Register, Volume XXXV, Issue 14, July 30, 2024, eff. 8/1/2024