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F-225.2.2 Division of Welfare and Supportive Services HOME AND COMMUNITY BASED SERVICES Medical Assistance Manual Resource Determination 23 Oct 01 MTL 04/23 The customer, spouse and/or their representatives must continue to make every effort and take all possible steps to successfully transfer the resource(s) to the community spouse. Failure to comply will cause the resources to be counted towards the HCBW customer’s resource limit.

Effective October 1, 1993, state law is amended regarding court orders giving state court's guidelines when protecting income and resources for the community spouse.

The guidelines provide for an equal division of income and resources OR a protection of income not to exceed the federal maximum monthly maintenance needs allowance and a protection of resources which does not exceed the federal maximum spousal share.

The court may order a greater amount of income for the support of the community spouse upon finding exceptional circumstances resulting in significant financial duress. The court may also transfer a greater amount of resources, in relation to the amount of income generated by the resource, if resources up to the federal maximum are not enough to fund the amount of income ordered.

The Transfer of Resources policies DO NOT apply to transfers made under these provisions.

f. Separate Treatment of Resources after Eligibility is Established

During the "continuous period" of institutionalization and after the customer has been determined eligible, no resources of the community spouse are available to the customer, unless actually made available to the customer.

g. Undue Hardship

If undue hardship is claimed as a result of a denial of eligibility for excess resources under spousal impoverishment rules, the applicant may be determined eligible in spite of having excess resources if all of the following conditions exist:

1. The HCBW customer is otherwise eligible for Medicaid without applying spousal impoverishment rules; and

2. The community spouse is the sole owner of liquid resources or non- liquid joint resources valued in excess of the Federal maximum; and

3. The community spouse has refused to make the resources available to the HCBW customer; and