Page 178

UPDATED: NOVEMBER 2007 275

INCOME PERSONS IN MEDICAL FACILITIES

ASSESSMENT/DETERMINATION OF INCOME AVAILABLE FOR THE COST OF CARE

Policy: Either spouse may request an assessment/determination of:

• the community spouse's monthly income allowance; • any family allowances; • any contribution requested from the community spouse toward the institutionalized spouse's care; and • the methods used to determine any allowances.

An assessment may be requested at the beginning or after the commencement of a continuous period of institutionalization. The request may or may not be accompanied by an application for Medicaid.

References: SSL Sect.

366

Dept. Reg.

360-4.3(f) 360-4.9 360-4.10

ADMs

89 ADM-47

INFs

90 INF-19

GIS

05 MA/002

Interpretation: Income solely in the name of the institutionalized spouse or the community spouse is considered available only to that spouse. When income is in the name of both spouses, or when ownership of the income cannot be established, one half (1/2) is considered available to each spouse. Income in the name of one or both spouses and in the name of another person is considered available to each spouse in proportion to that spouse's interest. When the income is in the name of both spouses and no share is specified, one half (1/2) of the joint share is considered available to each spouse. Income from a trust is considered available to each spouse as directed by the trust. If the trust is not specific, the above guidelines are followed.

(MRG)