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Spousal resource protection applies only to a living spouse, and does not rule how the assets of an estate should be dispersed.

If the community spouse dies and assets are in the deceased community spouse's name only, the assets may be unavailable during the period of settlement of the estate. See MA-2230. I.F.

1. Any assets remaining in the name of the institutionalized spouse only are available beginning with the month following the death, regardless of community spouse resource protection.

2. Assets held jointly with rights of survivorship are available to the survivor without release by the clerk of court being required.

3. The Medicaid beneficiary who 'renounces' an inheritance is subject to a sanction period of ineligibility for help with cost of nursing home care.

C. Deinstitutionalization of Medicaid Beneficiary (LTC goes home)

If the beneficiary ceases to be institutionalized for more than 30 continuous days, that period of continuous institutionalization ends on the 31st day.

1. Do not complete a new assessment if there is a break in institutionalization of more than 30 days. The assessment is always determined using the total countable assets of the couple at the point of the FIRST continuous period of institutionalization which began on or after 10-01-89.

3. If new resources are acquired in the non-institutionalized period of time and person returns to LTC:

a. Verify total reserve of the couple at the month of application and protect only the original protection amount (CSRA), which was determined based upon the total reserve at the first CPI.

b. Refer to example of additional assets acquired prior to the effective date of Medicaid eligibility in III.D.1.c., below. This works the same way.

D. Additional Resources Acquired by Either Spouse Prior to Approval of Medicaid for Institutionalized Spouse

If additional resources are acquired by either spouse prior to effective date of Medicaid eligibility:

1. Additional resources acquired after the first CPI begins, but before effective date of Medicaid eligibility for institutionalized spouse: