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COMAR 10.09.24.01-.16 1700 State of Maryland Medical Assistance Manual Revised July 2012
(3) Excess Resources. When the countable resources are greater than the medically needy resource standard, retroactive eligibility does not exist.
(4) Determination of Available Income for the Retroactive Period. The following amounts shall be deducted from the total income in the following order:
(a) For dates of service beginning July 1, 2003, a personal needs allowance of:
(i) $50 a month for an institutionalized person other than a person who meets the requirements of §C(4)(a)(iii) of this regulation.
(ii) $100 a month for an institutionalized couple.
(iii) $100 a month for a person who resided in an ICF—MR or mental hospital, participated in therapeutic work activities, and received remuneration for participation in these activities. An amount greater than $100 a month but not to exceed the MNIL may be deducted based on additional documented work-related need.
(b) For dates of service beginning July 1, 2004, a personal needs allowance of:
(i) $60 a month for an institutionalized person other than a person who meets the requirements of §C(4)(b)(iii) of this regulation;
(ii) $120 a month for an institutionalized couple; and
(iii) $100 a month for a person who resides in an ICF-MR or mental hospital, participates in therapeutic work activities, and received remuneration for participation in these activities, and an amount greater than $100 a month but not to exceed the MNIL which may be deducted from available income based on additional documented work-related need.
(c) For dates of service beginning July 1, 2005, a personal needs allowance adjusted annually by an amount not exceeding 5 percent to reflect the percentage by which social security benefits are increased by the federal government to reflect changes in the cost of living.
(d) Spousal or Family Allowance or Both. For an institutionalized spouse as defined under Regulation .11B(6) of this chapter, an amount equal to the community spouse monthly income allowance as defined under Regulation .11B(2) of this chapter and, if applicable, an amount equal to the family allowance as determined under Regulation .11C(3)(c) of this chapter. For an institutionalized person without a spouse in the community, the amount needed to maintain an unmarried child or children younger than 21 years old living at home at a level which, based on verified need, equals the applicable medically needy income level.
(e) Residential Maintenance Allowance for a Single Person.