312.2 Who is in the MAGI Household?

MAGI- related MA household composition is determined based on federal tax rules with some exceptions. When the CAO determines eligibility for MAGI - related MA, the CAO must first determine tax filing status and tax relationships between the individuals in the household.

 

Individuals who receive MA in either MAGI- related categories or non-MAGI related categories are included in the MAGI determinations of other members of the household if they have a tax relationship to the individual being evaluated for MAGI - related MA.

 

NOTE:  When determining eligibility for a household which includes a pregnant woman, the pregnant woman is counted as herself plus the number of children she is expected to deliver.

312.21 Tax Filing Status

Each applicant’s eligibility is based on one of three tax filing statuses:

 

 

NOTE:  An individual who is both a tax dependent and a tax filer will be considered a tax dependent. 

 

NOTE: The terms Tax Filer and Tax Dependent always refer to the expected status for the current coverage year, and not to any prior filing status.

 

 

Individuals who do not live in the applicant's household but have a tax relationship with anyone in the household are recognized as an Outside of the Household (OOTH) individual.  An OOTH is included when determining a MAGI household if:

 

An OOTH:

 

 

Though an OOTH is considered part of the individual's household for MAGI purposes, the OOTH and his/her income may not count toward the MAGI- related determination.  See Section 312.22, MAGI Filer/Non-Filer rules for Household Composition.

312.22  MAGI Filer/Non-Filer Rules for Household Composition

When determining eligibility for individuals who are tax filers and tax dependents,  MAGI  Rules for household composition are as follows.

 

Tax Filer Rules for Household Composition

 

The household composition of a tax filer is:

 

42 CFR 435.603(f)(1)

 

NOTE: Married couples living together will be included in the household of the other spouse regardless of whether they expect to file a joint tax return.

 

42 CFR 435.603.(f)(4)

 

Exceptions to Tax Filer Rules:

 

 

Example: Anne (age 49) states on her application that she will claim her daughter, Susan (age 28), and her son, Ian (age 15), on her tax return.  Due to Susan’s age, the CAO can request that Anne provide proof that she claims Susan as a tax dependent.  If Anne does not provide proof, the CAO will use non-filer rules to determine Anne’s MAGI household.

42 CFR 435.603.(f)(5)

 

Tax Dependent Rules for Household Composition

 

The household composition of a tax dependent is:

 

 

NOTE: Spouses cannot be tax dependents of each other.

42 CFR 435.603.(f)(2)

 

Exceptions to Tax Dependent Rules:

 

42 CFR 435.603.(f)(2)(i)

 

 

Example: Emily and Jacob have legal custody of their grandson, Andrew (age 8).  Emily and Jacob claim Andrew as their Tax Dependent.  Andrew’s MAGI household composition will use Non-Filer rules and will include Andrew only.

 

42 CFR 435.603.(f)(2)(ii)

 

Example: Maria and Jorge are not married but are living together and are the parents of Brian (age 4).  Maria and Jorge will not file taxes jointly and Maria will claim Brian as a Tax Dependent.  Brian’s MAGI household composition will use Non-Filer rules and will include Brian, Maria and Jorge.

 

42 CFR 435.603(f)(2)(iii)

 

Example: James and Caitlin are divorced and do not live together.  Caitlin has primary physical custody of their son, Rob (age 10)  James claims Rob as a tax dependent.  Rob’s MAGI household composition will use Non-Filer rules and will include Rob and Caitlin. Though James is an OOTH, he will not be counted in the MAGI household since the Non-Filer rules will be used.

 

42 CFR 435.603(f)(2)(iii)

 

Example: Frank and Laura are married and will file taxes jointly, claiming their son, Derrick (age 9).  Frank and Laura are separated, pending a divorce, and Frank is living outside of the household.  Derrick’s MAGI household will be Laura and Derrick only. Though Frank is an OOTH, he is not included in the MAGI household since Non-Filer rules will be used.

 

Example:  Steve and Meg are married and will file taxes jointly, claiming their children Hailey and Stan (ages 3 and 6).   Steve works for a trucking company and lives out of town Monday through Friday each week.  Steve's permanent address is his residence with his family and he returns home each weekend.  Steve is not an OOTH.  Steve is counted in the MAGI household, and tax filer/tax dependent rules are used.    

 

Non-Filer Rules for Household Composition

 

When determining eligibility for individuals who are not tax filers and not tax dependents, the Non-Filer Rules for household composition are followed.

 

The household composition of an adult (age 19 and above) non-filer is:

 

 

If a child (under age 19) is a target whose eligibility is being determined under non-filer rules, the child’s

household composition includes:

 

42 CFR 435.603(f)(3)(i)

42 CFR 435.603(f)(3)(ii)

42 CFR 435.603(f)(3)(iii)

 

Exceptions to Non-Filer Rules:

 

 

 

Updated  May 17, 2016   replacing September 19, 2014