loading…
loading…
COMAR 10.09.24.01-.16 1707 State of Maryland Medical Assistance Manual Revised July 2012
.10-1 Treatment of Income and Resources of Certain Institutionalized Spouses.
A. Basis.
(1) Except as this regulation specifically provides, the provisions of this regulation may not affect:
(a) The determination of what constitutes income or resources;
(b) The methodology and standards for determining and evaluating income and resources;
(c) The criteria and standards for determining financial and nonfinancial eligibility for Medical Assistance; or
(d) Any other provision of this chapter.
(2) In determining the eligibility for Medical Assistance of an institutionalized spouse as defined under §B(6) of this regulation, the provisions of this regulation shall supersede any other provisions of this chapter which are inconsistent with them.
(3) Sections D and E of this regulation, which concern the treatment of resources, shall apply to a person who begins a continuous period of institutionalization on or after September 30, 1989. Section C of this regulation, which concerns the treatment of income, shall apply to a person who begins a continuous period of institutionalization before or after September 30, 1989 and who remains institutionalized for a continuous period on or after September 30, 1989. Continuity is broken by absence from an institution for 30 consecutive days.
B. Definitions.
(1) "Community spouse" means a person who lives in the community outside an institution and who is married to an institutionalized spouse.
(2) "Community spouse monthly income allowance" means the amount by which the minimum monthly maintenance needs allowance established under §C(5) of this regulation exceeds the amount of monthly income otherwise available to the community spouse.
(3) "Community spouse resource amount" means the greatest of the amounts under §E(2)(a)— (d) of this regulation.
(4) "Continuous period of institutionalization" means 30 consecutive days of institutional care in a medical institution or nursing home.
(5) "Excess shelter allowance" means the amount by which the sum of the community spouse's expenses for shelter exceeds 30 percent of the amount described under §C(5)(a) of this regulation. Expenses for shelter include rent or mortgage payment, taxes and insurance for the community spouse's principal residence and the standard utility allowance used by the State under §5(e) of the Food Stamp Act of 1977. If the community spouse's principal residence is a