§ 12-15-2-25 — Eligibility; retention of income to support community spouse

(a) This section applies to an individual who:
(1) is eligible for Medicaid;
(2) resides in a nursing facility or another medical institution; and
(3) has a community spouse.
(b) An individual described in subsection (a) is entitled to retain an
income allowance for the purpose of supporting a community spouse
if:
(1) the community spouse's income is less than the minimum
monthly needs allowance established under 42 U.S.C.
1396r-5(d)(3); and
(2) an increased amount is necessary to increase the community
spouse's income to the minimum monthly needs allowance.
(c) If either spouse establishes that a higher allowance is needed due
to exceptional circumstances resulting in significant financial duress,
the minimum monthly needs allowance may be increased after an
administrative hearing or by a court order.
(d) The office shall adopt rules under IC 4-22-2 setting forth the
manner in which the office will determine the existence of exceptional
circumstances resulting in significant financial duress under subsection
(c).

Legislative History

As added by P.L.246-2005, SEC.103.