Page 46

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued August 11, 2025

Page 46 of I-1530 Replacing February 17, 2025

Deleted text indicated by “” Revised/added text indicated by underscore

There is no residence requirement for spousal impoverishment. The legal spouse can live in another state or country and the LTC applicant/beneficiary can have spousal impoverishment apply as long as all other eligibility requirements are met.

Note: Verify that the marriage is legal.

A legal dependent is a person who may be claimed as a dependent by either member of the couple for income tax purposes under the Internal Revenue Code. Legal dependents may be:

• A couple's minor or dependent child(ren),

• Parents, or

• Siblings.

Note: For dependents not living with a community spouse, refer to I-1536, Deductions, Maintenance Needs Allowance for Legal Dependents.

The gross income of the applicant/beneficiary must be below the individual SIL or the individual must be eligible under LTC/HCBS Spend-down MNP guidelines before these provisions can be applied. Refer to H-0000, Eligibility Determinations.

Note: Never consider the income of the community spouse/legal dependents at home in determining eligibility for an institutionalized individual.

Allow income to meet the needs of the legal spouse/dependents at home only if:

• The applicant/beneficiary agrees to make the income available to the spouse/dependent, and

• The spouse/dependent is willing to accept the income.

I-1537.2 Ownership of Income

Determine ownership of income for each spouse without regard to