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UPDATED: JUNE 2010

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OTHER ELIGIBILITY REQUIREMENTS LEGALLY RESPONSIBLE RELATIVES (LRRs)

SPOUSE

Spouses Living Apart in the Community

When an A/R is residing in the community apart from his/her spouse who is also residing in the community, the spouse may be requested to contribute toward the cost of medical care provided to the A/R. The amount of the requested contribution depends on the spouse’s financial ability to support and the category of the A/R.

To determine the amount of the requested contribution from a spouse residing in the community, but not in the A/R's household:

• when there is a child in the household under the age of 21, the case is referred to the Child Support Enforcement Unit (IV-D);

• when the A/R is S/CC, local district Public Assistance procedures determine the contribution; or

• when the A/R is SSI-related, the spouse is requested to contribute twenty-five percent (25%) of his/her otherwise available income which exceeds the minimum monthly maintenance needs allowance (MMMNA), plus any family member allowance(s). (See RESOURCES PERSONS IN MEDICAL FACILITIES COMMUNITY SPOUSE and RESOURCES FAMILY MEMBER ALLOWANCE)

The local district requests the LRR other than a community spouse to contribute any excess resources, as appropriate, to the support of the Medicaid A/R. Only the income/resources, as appropriate, actually received from a spouse not residing in the A/R's household are counted when determining eligibility.

When the spouse asserts that his/her income/resources are not available to the A/R, at a minimum, a notation is entered into the case record.

Institutionalized Spouse with a Community Spouse

When an A/R is an institutionalized spouse and his/her spouse is a community spouse, spousal budgeting rules determine the (MRG)