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Promptly assess the couple's combined countable assets when requested by either spouse or a representative acting on behalf of either spouse at the beginning of each continuous period of institutionalization.
Documentation (or verification if deemed appropriate in lieu of documentation) showing ownership interest and current value of resources must be provided. When necessary documentation and/or verification is not provided in a timely manner, advise requesting parties that assessments cannot be completed.
Assessments must be made within 45 days from the date of request unless relevant documentation or verification is not provided in a timely manner. If persons requesting assessments do not provide necessary information in a timely manner, assessments must be made within 45 days of receipt of documentation or verification.
Provide each spouse with a copy of the assessment and an explanation of how the assessment was calculated. Retain copies for the case file. Also, provide each spouse with a notice advising them that only community spouses of MA-eligible institutionalized spouses have a right to appeal the determination of countable assets at the time of the assessment. If the assessment was conducted prior to submitting an MA application, community spouses have an opportunity to appeal assessment findings if and when their institutionalized spouses actually apply for Medicaid.
Nursing homes are required to advise new admissions and their families that asset assessments are available upon request. A nursing home patient has the right to be advised of such assessment.
MA ASSET ELIGIBILITY DETERMINATION 2.9
If an individual or couple is about to enter or has entered a LTC facility and is seeking assistance for the costs of LTC, s/he must first establish asset eligibility for MA (in many cases, individuals will already be MA-eligible; if this is the case, this section does not apply). LTC eligibility or payability will be determined after MA eligibility is established (see Section 2.14: Patient Pay Amount(PPA) in this Chapter).
If the individual applies while residing in the community or while residing in the LTC facility, then the SSR should follow the policies detailed in Chapters 1-3 in Part VI for the appropriate MA category. If an individual applies while residing in the LTC facility, then the LTC Eligibility Unit processes the application and not a service center. The LTC SSR should follow the SR policies detailed in Chapters 1-3 in Part VI (if the individual is under 21 and is MA-eligible under AR, then follow the AR policies).
Impoverished Spouse: If an individual, or couple, is about to enter or has entered a LTC facility and is seeking assistance for the costs of LTC, s/he must first establish asset eligibility for MA (in many cases, individuals will already be MA-eligible; if this is the case, this section does not apply). LTC eligibility or payability will be determined after MA eligibility is established (see Section 2.14: Patient Pay Amount (PPA) in this Chapter).
If s/he applies while residing in the LTC facility, then his/her assets are treated differently than they would be if s/he applied while residing in the community. In addition, if an individual applies while residing in the LTC facility, then the LTC Eligibility Unit processes the application and not a service center.
If the individual applies while residing in the community, the SSR should follow the policies detailed in Chapters 1-3 in Part VI for the appropriate MA category (however, after the individual enters the LTC facility, then s/he is eligible for the designation of a Protected Spousal Amount; see Section 2.9.1: Protected Spousal Amount in this Chapter and Section 2.12: Treatment of Assets After MA Eligibility Determination in this Chapter).