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Health Care Finance and Administration Policy Manual Number: 110.020 Section: Financial Eligibility Requirements Chapter: ABD Financially Responsible Relatives July 1, 2016 HCFA 2 Parent: Parent as related to this policy includes natural and adopted parents. A parent is a natural, adoptive or, in certain situations, a step-parent. A step-parent is not included in the deeming budget if any of the following circumstances apply: • The natural or adoptive parent to whom the individual was married has died; • The natural or adoptive parent and the individual are divorced; or • The natural or adoptive parent and the step-parent’s marriage has been annulled. Spouse: A spouse is: • An individual’s legally married spouse; or • An individual determined by the Social Security Administration (SSA) as eligible to receive Social Security benefits as the spouse of another; or • An individual’s “holding out” spouse. 3. Spousal Financial Responsibility a. When Financial Responsibility Applies The income and resources of the individual’s legally married spouse are considered available to him or her whether or not they are actually contributed: • While the couple live together, including temporary absences; AND • During the first month of separation by one member’s admission to a medical institution, unless the couple had been living apart for at least six months prior to their separation. A couple residing in a separate or the same room in a long-term nursing care facility is not considered to be sharing the same living arrangement and are each treated as individuals with no deeming of income or resources. Financial responsibility by the ineligible or eligible spouse ends the month of separation for any reason such as: • Admission to a medical institution when 30 days of continuous confinement is met; or • Applying for Home and Community Based Services (HCBS); or • The individual is determined to need and to be likely to receive services for a continuous period of at least 30 days going forward. If an individual applies in the month of separation, his or her eligibility is determined as an individual only. At that point, only resources and income actually contributed to the individual are considered available to him.