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

221 a. A personal needs allowance or the client maintenance allowance as allowed by program eligibility. b. A Monthly Income Allowance (MIA) for the community spouse, but only to the extent that income of the institutionalized spouse is actually made available to, or for the benefit of, the community spouse; c. A family allowance for each dependent family member who lives with the community spouse. i) The allowance for each dependent family member shall be equal to one third of the amount of the MMMNA and shall be reduced by the monthly income of that family member. ii) Family member means dependent children (minor or adult), dependent parents or dependent siblings of either spouse that are residing with the community spouse and can be claimed by either the institutionalized or community spouse as a dependent for federal income tax purposes. d. Allowable deductions identified in section 8.100.7.V. e. If the institutionalized spouse fails to make his/her income available to the community spouse or eligible dependent family members in accordance with these regulations, that income shall be applied to the cost of care for the institutionalized spouse. f. No other deductions shall be allowed. 8.100.7.U. Right to Appeal 1. Both spouses shall be informed of the following: a. The amount and method by which the eligibility site calculated the community spouse resource allowance (CSRA), community spouse monthly income allowance (MIA), and any family allowance; b. The spouses' right to a fair hearing concerning these calculations;