HAR §17-1724.2-13. §17-1724

2-13 MAGI-related households. (a) The MAGI-related household as described in 42 C.F.R. §435.603 consists of the following individuals: (1) Tax filer who: (A) Expects to file a tax return for the taxable year in which medical assistance is sought; and (B) Does not expect to be claimed as a tax dependent by another tax filer; (2) Tax dependent who expects to be claimed as a tax dependent by the tax filer for the taxable year in which medical assistance is sought, except that subparagraph (b) (2) shall apply to the following tax dependents: (A) Individuals other than a spouse or a natural or biological, adopted, or step child who expect to be claimed as a tax dependent by the tax filer; (B) Individuals under age nineteen years who expect to be claimed by one parent as a tax dependent and are living with both parents, but whose parents do not expect to file a joint tax return; and (C) Individuals under age nineteen years who expect to be claimed as a tax dependent by a non-custodial parent. For purposes of this subparagraph, custody is determined by: (i) A court order or binding separation, divorce or custody agreement establishing physical custody; or (ii) If there is no such order or agreement or in the event of a shared custody agreement, the custodial parent is the parent with whom the child spends most nights; (3) Non-tax filer who does not expect to: (A) File a tax return for the taxable year in which medical assistance is sought; and (B) Be claimed as a tax dependent for the taxable year in which medical assistance is sought. (b) The household size used for initial determination or re-determination of eligibility for medical assistance for: 1724.2-11 3206 §17-1724.2-13 320 6 .iJ (1) A tax filer, shall consist of the tax filer, who meets the requirements of subsection ( a) ( 1 ) , and : (A) The tax filer's spouse if filing jointly or filing separately, but living together; and (B) All individuals whom the tax filer expects to claim as a tax dependent. A tax dependent, who meets the requirements of subsection (a) (2), may be related or unrelated to the tax filer. (C) When the tax filer cannot reasonably establish that an individual is a tax dependent of the tax filer for the taxable year in which medical assistance is sought, the inclusion of the individual shall be determined in accordance with paragraph (2). (2) The household of an individual who does not expect to file a tax return or does not expect to be claimed as a tax dependent for the taxable year in which medical assistance is sought, referred to as a non-tax filer, shall consist of the non-tax filer and, if residing with the non-tax filer: (A) The non-tax filer's spouse; (B) The non-tax filer's natural or biological, adopted, and step children under age nineteen years; and (C) If a non-tax filer is under age nineteen years, the non-tax filer's natural or biological, adopted, and step parents, and natural or biological, adopted, half, and step siblings under age nineteen years. (3) Each spouse of a married couple residing together shall be included in the household of the other spouse regardless of whether: (A) They expect to file a joint tax return; or (B) One spouse expects to be claimed as a tax dependent by the other spouse for the taxable year in which medical assistance is sought. (4) A pregnant woman only, notwithstanding paragraphs (1) through (3), shall include 1724.2-12 §17-1724.2-20 the number of children she is expected to deliver. [Eff 09/30/13; am and comp NOV 10 2016 ] (Auth: HRS §346-14; 42 C.F.R. §§435.4, 435.601, 435.602, 435.603) (Imp: HRS §346-14; 42 C.F.R. §§435.4, 435.601, 435.602, 435.603) §