Indiana § 12-15-2-24 Eligibility; community spouse resource requirements

Indiana Statutes

§ 12-15-2-24 — Eligibility; community spouse resource requirements

Indiana·Art. 15 MEDICAID·Ch. 2 Eligibility

(a)This section applies to determining eligibility for an individual who:

(1)resides in a nursing facility or another medical institution; and

(2)has a community spouse.

(b)In determining eligibility for an individual described in subsection (a), the office shall, beginning in calendar year 2006, use the greater of the following community spouse resource allowances:

(1)Nineteen thousand twenty dollars ($19,020), subject to an adjustment described in 42 U.S.C. 1396r-5(g).

(2)The lesser of:

(A)the spousal share computed under 42 U.S.C. 1396r-5(c)(1); or

(B)ninety-five thousand one hundred dollars ($95,100), subject to an adjustment described in 42 U.S.C. 1396r-5g.

(3)An amount established by a court order or an administrative hearing if the community spouse's income is less than the

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(a) This section applies to determining
eligibility for an individual who:
(1) resides in a nursing facility or another medical institution; and
(2) has a community spouse.
(b) In determining eligibility for an individual described in
subsection (a), the office shall, beginning in calendar year 2006, use
the greater of the following community spouse resource allowances:
(1) Nineteen thousand twenty dollars ($19,020), subject to an
adjustment described in 42 U.S.C. 1396r-5(g).
(2) The lesser of:
(A) the spousal share computed under 42 U.S.C. 1396r-5(c)(1);
or
(B) ninety-five thousand one hundred dollars ($95,100), subject
to an adjustment described in 42 U.S.C. 1396r-5g.
(3) An amount established by a court order or an administrative
hearing if the community spouse's income is less than the
minimum monthly needs allowance established under 42 U.S.C.
1396r-5(d)(3) and an increased amount is necessary to increase
the community spouse's income to the minimum monthly needs
allowance.
(c) An institutionalized spouse shall not be ineligible for the
program because of resources if:
(1) the institutionalized spouse:
(A) establishes that the individual has a right to receive support
from the community spouse; and
(B) assigns to the office the right to receive support from the
community spouse; or
(2) the office determines that the denial of eligibility would result
in an undue hardship to the institutionalized spouse.
(d) The office shall adopt rules under IC 4-22-2 to calculate the
amount of resources necessary to provide income to the community
spouse under subsection (b).

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