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MEDICAL SERVICES POLICY MANUAL, SECTION E

E 513 Determining Value of Ownership Interest

b. Tenancy-in-Common - The property’s equity value is divided by the number of owners in proportion to the ownership interest of each to determine the individual’s ownership interest. The value of the individual’s interest will be considered a countable resource, regardless of the other owners’ desire to sell. c. Tenancy-by-the-Entirety (Applicable to a married couple) 1) Married Couple Living Together in the Community - For any month in which a married couple lives together in the community, the total equity value of non-excludable property held by the couple is a countable resource, whether one or both members of the couple apply for assistance. After the month in which one or both enter a facility, each member of the couple is considered individually as a married couple living apart. 2) Married Couple Living Apart in LTC or Assisted Living Facility (ALF) - When both members of a “living apart” married couple in a nursing facility (NF) or ALF are applying for or receiving Long Term Services and Support (LTSS) assistance, half of the equity value of non-excludable property is a countable resource to each individual. When only one member of a “living apart” married couple in a NF is applying for or receiving LTSS assistance, half of the equity value of the tenancy-by-the-entirety property is a resource to that individual unless he alleges that he cannot obtain consent to sell from the spouse. When the individual indicates that he wishes to sell his share of the property and indicates that he cannot obtain consent to sell from the spouse, request him to obtain a statement to that effect. If it is established in writing that the spouse refuses to consent to the sale of the tenancy-by-the-entirety property, it cannot be considered a countable resource to the individual who has applied for LTSS. 3) Married Couple Living Apart - Only one in a NF or ALF - If only one member of a married couple is in a NF or ALF, the Spousal Impoverishment rules at MS H-200-212 will apply in determining the attribution of resources to each spouse. The equity value of non-excludable property will be included in the initial assessment and in the attribution of resources, regardless of the community spouse’s consent or refusal to sell.