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Division of Welfare and Supportive Services F-225.2.1 Medical Assistance Manual HOME AND COMMUNITY BASED SERVICES 23 Oct 01 MTL 04/23

Ownership/Availability c. Exceptions

When a resource is owned jointly by more than one TANF/Medicaid applicant/recipient (other than a community spouse), divide the resource equally among those applicants/recipients to whom available.

When a customer is representative payee or legal guardian managing someone else's funds, these funds are not considered the customer’s resource when they are kept in an account separate and apart from the customer’s monies and can be identified as being received and designated for someone other than the customer.

If the customer has a court order dividing resources, a copy of the order must be sent to the Chief of Eligibility and Payments for a decision on whether DWSS can recognize the order.

F-225.2.2 Resource Determination

a. Spousal Impoverishment/Resource Determination – An assessment of a couple's total resources completed at the time of institutionalization/application for HCBW Services.

This determination is only completed once at the beginning of the first application for HCBW services (beginning on or after 9/30/89).

The HCBW customer, community spouse or their representatives may submit a written and signed request to DWSS to determine the total value of their resources. The determination shall be made whether or not the HCBW customer is applying for Medicaid.

Determine and verify the total value of all countable resources owned separately or jointly by the HCBW customer and the community spouse as of the beginning of a continuous period of institutionalization or as of the date the customer is eligible for home based waiver services.

If the request is not part of an application, the determination must be completed within 45 days from the date of request unless delays are due to non-receipt of documentation/verification from the requesting party or third party. Make up a case file for each assessment. The case file shall contain the written request, the signed statement of resources owned by both spouses (Form 2794-EM), documentation and verification of the market value less encumbrances of all countable resources and Form 2793-EM "Assessment and Documentation of Resources." These files will be kept alphabetically and retained indefinitely.