§ 366. Eligibility. 1. (a) Definitions. For purposes of this section:\n (1) "benchmark coverage" refers to medical assistance coverage defined\nin subdivision one of section three hundred sixty-five-a of this title;\n (2) "caretaker relative" means a relative of a dependent child by\nblood, adoption, or marriage with whom the child is living, who assumes\nprimary responsibility for the child's care and who is one of the\nfollowing:\n (i) the child's father, mother, grandfather, grandmother, brother,\nsister, stepfather, stepmother, stepbrother, stepsister, uncle, aunt,\nfirst cousin, nephew, or niece; or\n (ii) the spouse of such parent or relative, even after the marriage is\nterminated by death or divorce;\n (3) "family size" means the number of persons counted as members of an\nindividual's household; with respect to individuals whose medical\nassistance eligibility is based on modified adjusted gross income, in\ndetermining the family size of a pregnant woman, or of other individuals\nwho have a pregnant woman in their household, the pregnant woman is\ncounted as herself plus the number of children she is expected to\ndeliver;\n (4) "federal poverty line" means the poverty line defined and annually\nrevised by the United States department of health and human services;\n (5) "household", for purposes of determining the financial eligibility\nof individuals whose medical assistance eligibility is based on modified\nadjusted gross income, shall mean:\n (i) Basic rule for taxpayers not claimed as a tax dependent. In the\ncase of an individual who expects to file a tax return for the taxable\nyear in which an initial determination or renewal of eligibility is\nbeing made, and who does not expect to be claimed as a tax dependent by\nanother taxpayer, the household consists of the taxpayer and, subject to\nclause (v) of this subparagraph, all persons whom such individual\nexpects to claim as a tax dependent;\n (ii) Basic rule for individuals claimed as a tax dependent. In the\ncase of an individual who expects to be claimed as a tax dependent by\nanother taxpayer for the taxable year in which an initial determination\nor renewal of eligibility is being made, the household is the household\nof the taxpayer claiming such individual as a tax dependent, except that\nthe household must be determined in accordance with clause (iii) of this\nsubparagraph in the case of:\n (A) Individuals other than a spouse or child who expect to be claimed\nas a tax dependent by another taxpayer; and\n (B) Individuals under nineteen years of age, or under twenty-one years\nof age if a full-time student, who expect to be claimed by one parent as\na tax dependent and are living with both parents but whose parents do\nnot expect to file a joint tax return; and\n (C) Individuals under nineteen years of age, or under twenty-one years\nof age if a full-time student, who expect to be claimed as a tax\ndependent by a non-custodial parent. For purposes of this subclause:\n (1) A court order or binding separation, divorce, or custody agreement\nestablishing physical custody controls; or\n (2) If there is no such order or agreement or in the event of a shared\ncustody agreement, the custodial parent is the parent with whom the\nchild spends most nights;\n (iii) Rules for individuals who neither file a tax return nor are\nclaimed as a tax dependent. In the case of individuals who do not expect\nto file a Federal tax return and do not expect to be claimed as a tax\ndependent for the taxable year in which an initial determination or\nrenewal of eligibility is being made, or who are described in subclauses\n(A), (B), or (C) of clause (ii) of this subparagraph, the household\nconsists of the individual and, if living with the individual:\n (A) The individual's spouse;\n (B) The individual's children under nineteen years of age, or under\ntwenty-one years of age if a full-time student; and\n (C) In the case of an individual under nineteen years of age
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