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Chapter: 1600 Assets Program: MSSI, SFP 12

The institutionalized spouse may complete CF-ES Form 2504, Assignment of Rights to Support, which allows the state to pursue recovery from the community spouse. The form is to be scanned into the ACCESS Document Imaging (ADI) System, then noted on the CF-ES 2614, Assignment of Rights to Support Notification. The completed CF-ES-2614 is emailed to ESS Headquarters in Tallahassee. This form is not an option that an eligibility specialist suggests to an ineligible couple, but rather a solution to an existing situation which is brought to the eligibility specialist’s attention.

When all conditions in passage 1640.0314.04 are met, the allocated assets being withheld by the community spouse will no longer be considered available to the institutionalized spouse.

If the institutionalized, HCBS or PACE spouse does not assign the rights of support to the state, continue to consider the assets available to the institutionalized, HCBS or PACE individual. 1640.0314.04 Undue Hardship (MSSI) The institutionalized, HCBS or PACE spouse will not be determined ineligible based on a community spouse's assets if all of the following conditions are found to exist:

1. The institutionalized, HCBS or PACE spouse is not eligible due to the community spouse's assets and the community spouse refuses to use the assets for the institutionalized, HCBS or PACE spouse; and 2. The Assignment of Rights to Support (CF-ES Form 2504) is signed; and 3. The institutionalized, HCBS or PACE spouse would be eligible if only those assets to which s/he has access were counted; and 4. The institutionalized, HCBS or PACE spouse has no other means to pay for the Long- term care services. 1640.0315 Assets Available to Spouse after Approval (MSSI) The following policy applies to ICP, ICP/MEDS, PACE, Institutionalized Hospice Programs, iBudget and Statewide Medicaid Managed Care-Long Term Care.

Following approval, none of the assets solely owned by the community spouse are included as available to the institutional spouse. The amount of assets allocated to the community spouse which belong to the institutional spouse and are available to the institutional spouse must be transferred to the community spouse. The eligibility specialist must work with the individual to assure that the assets are transferred to the community spouse; however, the assets will not be counted as available to the institutional spouse until the first scheduled complete redetermination is conducted. In no instance should the failure to transfer the assets to the community spouse within the prescribed time limits result in overpayment.

Any assets received by the institutionalized spouse after approval, which cause the total assets to exceed the asset standard, will not affect the individual's eligibility if they are transferred to an allowable person (see Section 1640.0600) within the month of receipt or if the individual receives equitable value. If the assets are still available to the institutionalized spouse the month after receipt, the value of the new assets is considered a countable asset to the institutionalized spouse the month after the assets are received.

If the individual returns home and the case is closed, the couple's assets must be reevaluated if the individual reapplies after a 30-day absence from the institutional facility. This policy does not apply if the individual returns to the institutional facility within 30 days. 1640.0316 Legal Restrictions to Availability (MSSI, SFP) In general, assets are considered available unless the applicant/recipient asserts otherwise. If the individual claims an asset is unavailable due to legal restrictions, the eligibility specialist will request supporting evidence and make an independent assessment of the availability based on