(a) In determining eligibility, HHSC counts the resources of the applicant or recipient and all members of the applicant's or recipient's household composition. For those who are subject to this Subchapter (relating to the Medically Needy Program):
  (1) the resources of any household composition member who is not the parent or spouse of the applicant or recipient are not counted; and
  (2) the resources of an alien's sponsor and the sponsor's spouse are counted to the extent allowed by federal law in the case of an applicant or recipient 19 years of age and older who is an alien or has a sponsored alien in his or her household composition.
(b) HHSC does not count resources in determining eligibility for pregnant women.
(c) 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.
(d) An applicant or recipient meets the resources eligibility requirement if the applicant or recipient's countable resources are at or below:
  (1) $3,000 for an applicant or recipient who lives in the same physical residence with an individual who is aged or disabled and meets relationship requirements, even if the aged or disabled member is not part of the applicant or recipient's household composition; or
  (2) $2,000 for all other applicants or recipients.
(e) 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 §366.843 adopted to be effective June 1, 2014, 39 TexReg 3981