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COMAR 10.09.24.01-.16 1710 State of Maryland Medical Assistance Manual Revised July 2012
(ii) Necessary medical care or remedial service recognized under the State law but not covered under the State plan.
(4) Incurred expenses for necessary medical care or remedial service described under §C(3)(d)(ii) of this regulation shall be limited to the fees reimbursed by Medical Assistance which are in effect on the date of service.
(5) Establishment of Minimum Monthly Maintenance Needs Allowance. The minimum monthly maintenance needs allowance for a community spouse is the sum of:
(a) The applicable percent, described under §C(6) of this regulation, of 1/12 of the income official poverty line for a family unit of two members; and
(b) An excess shelter allowance as defined under §B(5) of this regulation.
(6) Applicable Percent. For purposes of §C(5)(a) of this regulation, the applicable percent, effective as of the following dates, is:
(a) September 30, 1989, 122 percent; (b) July 1, 1991, 133 percent; and (c) July 1, 1992, 150 percent.
(7) Cap on Minimum Monthly Maintenance Needs Allowance. The minimum monthly maintenance needs allowance established under §C(5) of this regulation may not exceed $1,500, subject to adjustment under §G of this regulation, except as provided under §F(3) of this regulation.
(8) Court Ordered Support. If a court has entered an order against an institutionalized spouse for monthly income for the support of the community spouse, the community spouse monthly income allowance as defined under §B(2) of this regulation shall be not less than the amount of the monthly income ordered.
D. Treatment of Resources.
(1) Computation of Spousal Share at the Time of Institutionalization.
(a) Total Joint Resources. There shall be computed, as of the beginning of the first continuous period of institutionalization of the institutionalized spouse:
(i) The total value of the resources to the extent either the institutionalized spouse or the community spouse has an ownership interest;
(ii) A spousal share which is equal to 1/2 of the total value.