OHCA Policies and Rules
317:35-6-51. Exceptions to Internal Revenue Code rules
[Revised 09-01-21]
(a) The following sources of income are excluded from household income for SoonerCare eligibility under Modified Adjusted Gross Income (MAGI), regardless of whether they are included in MAGI in Section 36B of the Internal Revenue Code:
(1) Scholarships, awards, or fellowship grants used for education purposes and not for living expenses; and
(2) The following types of American Indian / Alaska Native income:
(A) Distributions from any property held in trust, subject to Federal restrictions, located within the most recent boundaries of a prior Federal reservation, or otherwise under the supervision of the Secretary of the Interior;
(B) Distributions and payments from rents, leases, rights of way, royalties, usage rights, or natural resource extraction and harvest from:
(i) Rights of ownership or possession in any lands described in Paragraph (a)(2)(A) of this section; or
(ii) Federally protected rights regarding off-reservation hunting, fishing, gathering, or usage of natural resources;
(C) Distributions resulting from real property ownership interests related to natural resources and improvements:
(i) Located on or near a reservation or within the most recent boundaries of a prior Federal reservation; or
(ii) Resulting from the exercise of federally-protected rights relating to such real property ownership interests;
(D) Payments resulting from ownership interests in or usage rights to items that have unique religious, spiritual, traditional, or cultural significance or rights that support subsistence or a traditional lifestyle according to applicable Tribal Law or custom;
(E) Student financial assistance provided under the Bureau of Indian Affairs education programs; and
(F) Distributions from Alaska Native Corporations and Settlement Trusts.
(b) Amounts received as a lump sum are counted as income only in the month received (see also Oklahoma Administrative Code (OAC) 317:35-10-26), with the exception of certain lottery or gambling winnings as specified in OAC 317:35-6-55. If a lump sum amount is received from an income source that is not counted in MAGI according to section 36B(d)(2)(B) of the Internal Revenue Code or the exceptions listed in this section, the amount is not counted.
Disclaimer. The OHCA rules found on this Web site are unofficial. The official rules are published by the Oklahoma Secretary of State Office of Administrative Rules as Title 317 of the Oklahoma Administrative Code. To order an official copy of these rules, contact the Office of Administrative Rules at (405) 521-4911.
