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F-225.2 Division of Welfare and Supportive Services HOME AND COMMUNITY BASED SERVICES Medical Assistance Manual Resource Provisions for Spousal Impoverishment Cases 23 Oct 01 MTL 04/23 If the institutional spouse dies prior to an eligibility decision, spousal impoverishment rules do apply. Treat the case as a spousal case from the date of application through the date of death of the institutional spouse.

F-225.2.1 Ownership/Availability

a. Sole Ownership

All of the resource evaluated at market value less encumbrances is available to the applicant/ recipient or community spouse.

b. Shared Ownership

1) Resources Jointly Owned Between Spouses

a) Liquid Resources (bank accounts, certificates of deposit, stocks, bonds, etc.).

All liquid resources held jointly between spouses are considered available in their entirety to the institutionalized/HCBW customer only. They are not considered an "available resource" to the community spouse when determining the community spouse resource allowance.

b) Non-liquid Resources (real property, vehicles, etc.)

When non-liquid resources are held jointly between spouses, consider only one-half as available to each spouse when determining the community spouse resource allowance.

2) Resources Jointly Held With Someone Other Than a Spouse

a) When the customer or community spouse is able to sell or dispose of a resource without another person's signature of approval, all of the resource is evaluated at market value less encumbrances and considered available to the customer or community spouse.

b) When the customer or community spouse is able to sell or dispose of his/her share of a resource without another person's signature of approval, that portion evaluated at market value less encumbrances is available to the customer or community spouse.