8142 Other Resource Provisions

 

  1. The combined resources of two spouses shall be considered only for the month the institutional arrangement begins in the following situations:
     

    1. One spouse enters a medical institutional (whether or not the facility is Medicaid approved) prior to September 30, 1989 for other than a temporary stay as defined in 8113;
       

    2. Both spouses enter a medical or non-medical institutional living arrangement (whether or not the facility is Medicaid approved) for other than a temporary stay as defined in 8113; or
       

    3. One spouse enters a nonmedical institution.

      If the community spouse is also an applicant or recipient of any medical program, (including HCBS), the community spouse resource allowance is considered available to the community spouse to determine eligibility of the community spouse, beginning in the month the arrangement begins.
       

    4. This includes those assets in which the community spouse has no current ownership interest. If the couple’s total combined resources are less than the minimum community spouse resource allowance, the total combined resources less the one person resource standard (currently $2,000) is considered available to the community spouse.
       

    5. In the month following the first month of eligibility of the LTC spouse, only those assets in which the applicant or recipient has ownership interest in shall be considered in the determination of eligibility for each individual spouse. Those assets which intend to be transferred to the community spouse per the  M-2 are attributable to the community spouse when determining his or her eligibility. The pro rata share of jointly owned resources shall be considered.

     

    NOTE: If only a one spouse entered a medical institution or HCBS arrangement prior to September 30, 1989 but returns to an independent living arrangement for at least 30 consecutive days, the provisions of 8141 above shall apply if he or she returns to the institutional arrangement on or after September 30, 1989.
     

  1. There is no resource test for a child or young adult under the age of 21 who enters an institutional living arrangement (whether or not the facility is Medicaid approved). A resource test is applicable the month after the month the individual turns 21 years old.

    Parents of children under the age of 18 in state institutions may retain a legal obligation for payment of costs above those covered by the medical program. Parental obligation will be established by institutional personnel.