Long Term Care (LTC): Income – Indian Trust Funds / IIM Accounts

317:35-5-41.6(7)

Regarding funds held in trust by Bureau of Indian Affairs (BIA) the interests of individual Indians in trust or restricted lands are not considered in determining eligibility for assistance under the Social Security Act or any other federal or federally assisted program.

317:35-5-42(b)(6)

The following is NOT considered as income:

  • Indian payments (including judgment funds or funds held in trust) distributed by the Secretary of the Interior (BIA) or distributed by the tribe subject to approval by the Secretary of the Interior. Also, any interest or investment income accrued on such funds, trust funds, interest or investment income accrued on such funds. Any income from mineral leases, from tribal business investments, etc. However, any interest or income derived from the principal or produced by purchases made with funds after distributed is considered as any other income;

EXCEPTION

317:35-10-26(a)(4)

317:35-5-42(c)(3)(C)

The gaming revenue per capita payments that many Indian tribal members receive is considered countable unearned income, as these payments do not fall under excluded per capita payments.

Refer to FSSD memo FSS-08-06

Example

A nursing home applicant receives $2000 quarterly in casino gaming revenue from their tribe. How is this income considered in determining eligibility?

It is counted as Income. The vendor payment needs to be adjusted. If an MIPT is needed, it needs to be funded.

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