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b. Resources unavailable. The LTSS applicant is unable to access the estranged non-LTSS spouse’s resources after exploring all legal means, even though the non-LTSS spouse’s resources are sufficient in amount to cause a determination of ineligibility. 2. Spousal refusal – If the couple is not estranged and the non-LTSS spouse refuses to make resources available, eligibility is not denied on the basis of either the excess resources that are unavailable as a result of such refusal, or non-cooperation, as long as the LTSS applicant or beneficiary provides appropriate documentation of spousal refusal. 3. State recovery – Once eligibility has been determined, the State is authorized to pursue and recover from the non-LTSS spouse any of the couple’s joint resources that were unavailable due to spousal refusal to the extent required to reimburse the State for the cost of Medicaid provided to the spouse receiving Medicaid LTSS. 6.5.3 LTSS-Specific Factors Considered in the Treatment of Resources A. The provisions governing the evaluation and treatment of countable resources and the types of resources and related exclusions that apply when using the SSI method are set forth in Part 40-00-3 of this Title unless otherwise noted in this Part. B. LTSS-specific factors related to the treatment of resources include: 1. Home exclusion – The applicant’s primary residence and associated land are excluded if it has an equity value at or below the equity limit established in Part 40-00-3 of this Title. The provisions governing applicability of the home exclusion are set forth in Part 40-00-3 of this Title. A person who owns a primary residence with equity value in excess of the limit may request a hardship exemption in accordance with the criteria established in § 6.12 of this Part. a. Intent to return – The home exclusion applies when the LTSS applicant or beneficiary, the non-LTSS spouse and/or a dependent resides in the home or, when receiving LTSS outside of the home in a health institution or community-based setting, the LTSS applicant or beneficiary has an intent to return to the home as a primary residence. The following specific provisions also apply with respect to the intent to return: (1) One (1) established residence. The intent to return only applies to the one (1) home that has been established as the principal place of residence at the time of application for Medicaid LTSS. The exclusion does not apply to a home in which residency was not established at the time Medicaid