For purposes of subsections 28-13-27(6)(c) and (d), when determining whether the household was financially able to purchase health insurance which would have covered the medical costs the county is being requested to pay, the county shall use the following methodology:

(1) Determine the household’s income and resources according to §§ 28-13-32.7 and 28-13-32.8;

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(2) Determine the household’s contributions for taxes, social security, medicare, and payments to other standard retirement programs according to subdivision 28-13-32.9(1);

(3) Except for the medical expenses for which the household is requesting assistance, determine the household’s expenses according to subdivision 28-13-32.9(2);

(4) Determine the amount of the household’s discretionary income by subtracting the sum of the household’s contributions and expenses from the household’s income. Divide the amount of the household’s discretionary income in half. The result added to the household’s adjusted resources determined according to § 28-13-32.8 equals the household’s discretionary income that was available to purchase health insurance;

(5) Subtract the amount of the monthly health insurance premium that was available to the household if known or, if unknown, an estimate of the premium the household could be expected to incur. For purposes of this subdivision, the county shall establish such estimate either by obtaining premium estimates from two major medical insurance carriers doing business in the state or by using an estimate based on the rate data provided to the county by the Division of Insurance of the Department of Labor and Regulation. The policy used shall have a benefit design that equals or exceeds the benefit design of the basic benefit plan as developed by the Health Benefit Plan Committee pursuant to § 58-18B-32. If the result is a negative number, the health insurance was not affordable. If the result is a positive number, health insurance was affordable and the individual is considered to be indigent by design.

Source: SL 2000, ch 134, § 2; SL 2004, ch 17, § 36; SL 2011, ch 1 (Ex. Ord. 11-1), § 162, eff. Apr. 12, 2011.