Medicaid in Oklahoma has two financial eligibility requirements:
Have less that $2,000 of countable assets and less than $2,022 (in
2009) of gross monthly income. The $2,022 is an “income cap.”
“Income” for DHS is gross income. Example: $1950.40 of gross income
with $96.40 withheld for Medicare results in a net check of
$1,854.00. So, DHS requires the use of the Income Trust because the
“ gross” income is over the income cap. So, deductions for health
insurance and taxes from your income are not considered for the
income cap.
Fortunately, in many cases, you can use a very special trust called
an Income Trust (also known as a Miller Trust) to legally solve the
problem of too much income. Federal law 42 U.S.C.§1396p(d)(4)(B).
Unfortunately, DHS also has a cap on the amount of gross income for
the use of the Medicaid Income Trust ($3,000 as of November 2008).
There may be legal methods to avoid this cap. If you have been told
that your gross income is over the maximum, and there is not way to
qualify for Medicaid, do not give up. Seek advice from a lawyer
knowledgeable about Medicaid.
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