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UPDATED: NOVEMBER 2007

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INCOME PERSONS IN MEDICAL FACILITIES

ASSESSMENT/DETERMINATION OF INCOME AVAILABLE FOR THE COST OF CARE

The community spouse is allowed a Minimum Monthly Maintenance Needs Allowance (MMMNA). (See REFERENCE MMMNA) This amount may be increased as the result of a fair hearing or court order.

When determining the community spouse's otherwise available monthly income, only the following deductions are allowed from his/her income: • actual incapacitated adult/child care expenses; • court-ordered support payments; and • health insurance premiums.

When the community spouse's otherwise available monthly income is less than the MMMNA, the institutionalized spouse's income may be used to bring the community spouse's income up to the MMMNA. (See REFERENCE MMMNA)

When a family member (See RESOURCES PERSONAL NEEDS ALLOWANCE) resides with the community spouse and has over 50% of his/her maintenance needs met by either spouse, the family member may be eligible for a family member allowance (FMA) from the institutionalized spouse. When determining the family member's otherwise available monthly income, only the following deductions are allowed: • actual incapacitated adult/child care expenses; • court-ordered support payments; and • health insurance premiums.

If the family member is eligible for a FMA, the institutionalized spouse's income may be made available to the family member. (See REFERENCE FAMILY MEMBER ALLOWANCE for current maximum dollar amount)

NOTE: German, Austrian, and Netherlands reparation payments are to be disregarded in determining the otherwise available income of the community spouse and family members.

(MRG)