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b. Owned jointly with someone outside of the budget unit, when available (i.e., consent/participation of all owners not required to access, or consent/participation given by other owners). 4. Assessment -- The process of determining: a. Total countable reserve of the couple on the first day of the month that institutionalized spouse begins first CPI; and b. Amount of community spouse resource allowance (how much of the total reserve is protected for the community spouse). 5. Protection period -- Period of time assets are protected for the Community Spouse. Approved beneficiaries are allowed a period of time during which assets in the amount of the CSRA are excluded from reserve of a/b regardless of who holds assets in their name. B. Availability Rules (May differ from MA-2230, Financial Resources) 1. From the point of institutionalization through approval of the institutionalized spouse for Medicaid coverage of cost of care, all assets available to either spouse or jointly owned by the couple are available to the institutionalized spouse regardless of who actually holds the assets and must be considered for the purposes of: a. Assessment -- determining what portion may be protected for the community spouse; AND b. Reserve eligibility for the institutionalized spouse. 2. Assets in which the community spouse has sole ownership interest are available to the institutionalized a/b regardless of: a. Prenuptial or postnuptial agreements b. Formal/informal separation agreements c. Willingness of CUSP to cooperate 3.

Assets totaling the amount of the CSRA are: a. Protected for the community spouse's use b. Not available to the ISP during the protection period c. Counted when determining eligibility of the community spouse for Medicaid or MQB.

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b. Owned jointly with someone outside of the budget unit, when available (i.e., consent/participation of all owners not required to access, or consent/participation given by other owners). 4. Assessment -- The process of determining: a. Total countable reserve of the couple on the first day of the month that institutionalized spouse begins first CPI; and b. Amount of community spouse resource allowance (how much of the total reserve is protected for the community spouse). 5. Protection period -- Period of time assets are protected for the Community Spouse. Approved beneficiaries are allowed a period of time during which assets in the amount of the CSRA are excluded from reserve of a/b regardless of who holds assets in their name. B. Availability Rules (May differ from MA-2230, Financial Resources) 1. From the point of institutionalization through approval of the institutionalized spouse for Medicaid coverage of cost of care, all assets available to either spouse or jointly owned by the couple are available to the institutionalized spouse regardless of who actually holds the assets and must be considered for the purposes of: a. Assessment -- determining what portion may be protected for the community spouse; AND b. Reserve eligibility for the institutionalized spouse. 2. Assets in which the community spouse has sole ownership interest are available to the institutionalized a/b regardless of: a. Prenuptial or postnuptial agreements b. Formal/informal separation agreements c. Willingness of CUSP to cooperate 3.

Assets totaling the amount of the CSRA are: a. Protected for the community spouse's use b. Not available to the ISP during the protection period c. Counted when determining eligibility of the community spouse for Medicaid or MQB.