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CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

214 requirements of subparagraphs 8.100.7.K.2.a thru c for at least 30 consecutive days. 3. A community spouse is defined as the spouse of an institutionalized spouse. 8.100.7.L. Assessment and Documentation of The Couple's Resources An assessment of the total value of the couple’s resources shall be completed at the time of initial Medical Assistance application or when requested by either spouse of a married couple. All non-exempt resources owned by a married couple are counted, whether owned jointly or individually. There are no exceptions for legal separation, pre-nuptial, or post-nuptial agreements. Once the applicant is approved, the Community Spouses’ resources are not reviewed again unless the Community Spouse applies for Medical Assistance. 8.100.7.M. Calculation of the Community Spouse Resource Allowance 1. A Community Spouse Resource Allowance (CSRA) shall be allocated based on the total resources owned by the couple as of the time of Medical Assistance application. The CSRA is established at intake only, and; once approved the community spouse’s resources are not considered again until the community spouse applies for Medical Assistance. This is true even if the community spouse becomes institutionalized but does not apply for Medical Assistance. In calculating the amount of the CSRA, resources shall not be attributed to the community spouse based upon state laws relating to community property or the division of marital property. For persons whose Medical Assistance application is for an individual who meets the definition of an institutionalized spouse, the CSRA is the largest of the following amounts: a. The total resources of the couple but no more than the current maximum allowance which, changes each year beginning January 1st.; or b. The increased CSRA calculated pursuant to section 8.100.7.S; or