SECTION 358.349. Exceptions to Treatment of Excess Real Property

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(a) The Texas Health and Human Services Commission (HHSC) follows 20 CFR §416.1245 regarding the treatment of excess real property, except the property continues to be excluded for as long as:
(1) the person continues to make reasonable efforts to sell it; and
(2) including the property as a countable resource would result in a determination of excess resources.
(b) Once the property is sold, the equity value received is a countable resource in the month following the month of sale. If the sale was for less than the fair market value or current market value, the sale of the property is subject to the transfer-of-assets provisions in Division 4 of this subchapter (relating to Transfer of Assets).

Source Note: The provisions of this §358.349 adopted to be effective September 1, 2009, 34 TexReg 5497

                    
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