§ 42-2-401 — Definitions

(a) For purposes of this article:
(i) "Asset", with respect to an individual, means:
(A) All income and resources of the individual
and of the individual's spouse, including any income or
resources to which the individual or his spouse is entitled but
does not receive because of action:
(I) By the individual or his spouse;
(II) By a person, including a court or
administrative body, with legal authority to act in place of or
on behalf of the individual or his spouse; or
(III) By any person, including a court or
administrative body, acting at the direction or upon the request
of the individual or his spouse.
(B) An annuity purchased by or on behalf of an
annuitant who has applied for medical assistance with respect to
long-term care services unless the annuity is an annuity as
described in 42 U.S.C. 1396p(c)(1)(G)(i) or (ii).
(ii) "Income" means "income" as defined under 42
U.S.C. 1396p(h)(2);
(iii) "Institutionalized individual" means an
individual who is an inpatient in a nursing facility, who is an
inpatient in a medical institution and with respect to whom
payment is made based on a level of care provided in a nursing
facility, or who is receiving home and community-based services;
(iv) "Long-term care services" means nursing facility
services, a level of care in any institution equivalent to that
of nursing facility services, and home and community-based
services;
(v) "Resources" means "resources" as defined under 42
U.S.C. 1396p(e)(5);
(vi) "Department" means the department of health
unless otherwise specified.