5724.8 Apportionment of Penalty Between Spouses

Where spouses are both otherwise eligible for LTC medical assistance, any penalty period is equally apportioned between the spouses.

If both spouses are otherwise eligible for LTC medical at the time the penalty is established, the penalty period is split equally among them. Neither spouse is eligible for LTC medical assistance during this period. As the full penalty must be served, one spouse shall serve an additional month or day, depending on the date of the transfer.

If the penalty is initially attributed to one spouse and the other spouse becomes otherwise eligible for LTC medical assistance during the penalty period, the remaining penalty period is split equally among the couple. Again, as the full penalty must be served, one spouse shall serve an additional month or day, depending on the date of the transfer.