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Medical Services Policy Manual, Section H

H-200 Spousal Impoverishment

H 206 Spousal Protected Amount (CSMR)

resources will be considered fully available to him/her and the IS will not be resource eligible at that time. A copy of the DCO-713 will be provided to each spouse upon determination of eligibility, or to the spouse requesting the CSRA and eligibility determination, if a request by either spouse is made prior to application. The DCO-713 will be indexed in the electronic case record. H-206 Spousal Protected Amount (CSMR) MS Manual 07/13/15 When resources exceed the limits, the IS will be ineligible until combined countable resources are reduced to the greater of the following: 1. The CSMR computed on the DCO-713 plus the one person resource amount for the IS; 2. Court ordered spousal allowance plus the one person resource amount for the IS; or 3. Spousal allowance determined necessary by a hearing officer plus the one person resource amount for the IS.

EXAMPLE: A couple’s combined countable resources at the beginning of the first continuous period of institutionalization are $140,000; the spousal share is $70,000, the CSMR, which is the protected amount, and there is not a court order. At the time of application the combined countable resources are $90,000. (These dollar amounts are used for purposes of illustration only.) Deduct from current combined countable resources ($90,000) the greater of the following: $70,000, the spousal share (protected amount), or $23,448, the minimum resource standard for 2014 ($90,000 less $70,000 equals $20,000) The remaining $20,000 is a countable resource used to determine eligibility of the IS, and the IS is not eligible. However, if the couple’s combined resources are later reduced to $72,000, the IS will be resource eligible (protected amount of $70,000 for the CS plus $2000 for the IS). If after the time of initial assessment ($140,000/$70,000 spousal share) and first application, there is a break in institutionalization, the initial assessment will be used at the time of reentry to re-determine eligibility for the IS. The $70,000 protected amount from the first assessment is still a protected amount for the CS, and a new amount need not be calculated.