8242 Other Resource Provisions -

 

  1. 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. 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 resource allowance, the total combined resources less the one person resource standard (currently $2,000) is considered available to the community spouse.

    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 for determining eligibility of each individual spouse. Those assets which intend to be transferred to the community spouse per the Notice of Intent to Transfer Resources are attributable to the community spouse when determining his or her eligibility. The pro rata share of jointly owned resources shall be considered.

    This also applies if both spouses have been assessed in need of and chosen HCBS. In this case, the couple shall designate the community spouse and the LTC spouse. Consideration shall also be given to the income allocation allowances when making this decision.
     

  1. There is no resource test for a child or young adult under the age of 21 who is in need of long term care and chooses HCBS or begins to receive services. A resource test is applicable the month after the month the individual turns 21 years old.

 

8243 Income Provisions -

 

  1. When one or both spouses are to enter an HCBS living arrangement for at least 30 consecutive days, only the separate income of each spouse shall be used in determining the eligibility for either spouse beginning with the month HCBS eligibility begins (see 8200.2).  In the case of income which is received in both names, of the income shall be considered available to each unless otherwise established. In the case of income which is received by either or both spouses and to another person or persons, the income shall be considered available to each spouse in proportion to their interest or equally divided if the interest is not specified.

    See also item (3) below for allocation of income.
     

  2. Income identifiable as belonging specifically to a child in an HCBS arrangement (such as Social Security and VA benefits) must be considered (unless otherwise exempt) as available to the child in determining eligibility regardless of who is payee. When a child will enter an HCBS living arrangement, income of the parent(s) shall not be considered available to the child in determining eligibility beginning with the month choice to receive HCBS services is made. Upon termination of the HCBS arrangement, the parents' income shall again be considered beginning with the month following the month HCBS services end.
     

  3. All income allocated by an individual in an HCBS arrangement for the support of a minor child who is not living with a community spouse (or where a community spouse does not exist) and who is without sufficient income to meet his or her maintenance needs shall be exempt. If there is a community spouse or a community spouse and minor child in the home, income shall be allocated in accordance with the spousal impoverishment provisions of 8244.2.


    The allocation shall be calculated by using the ES-3104.5, Determination of Need form.  The amount of the allocation when added to the nonexempt gross earned and unearned income of the children and any legally responsible person with whom they live cannot exceed the federal protected income level for the appropriate number of persons in independent living. Income exempt under the provisions of 6410 and subsections shall not be considered. Allocation will be permitted even though it may render the children ineligible for cash assistance or SSI.
     

    If requested, eligibility of the children for medical will be determined based on their resources and considering the allocated amount as income. A separate application is required. Ineligibility of the child for medical does not prevent the individual receiving HCBS from allocating.