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IF the total countable assets of the couple are: Then the community spouse asset share is: $325,320 or more $162,660 Less than $325,320 but greater than $100,000 ½ of the total countable assets of the couple $100,000 or less $50,000 18.4.4 Asset Test When an institutionalized person applies for Medicaid, compare the total countable assets of the couple to $2,000 plus the greater of one of the following: • Community spouse asset share. • An amount ordered by a court or fair hearing. If assets at the time of application are equal to or less than this amount, the institutionalized person is eligible. If they are more, the institutionalized person is not eligible. 18.4.5 Undue Hardship An institutionalized person will not be denied Medicaid if the IM agency determines that the ineligibility caused by excess assets creates undue hardship for him or her (see SECTION 22.4 UNDUE HARDSHIP for more information). 18.4.6 Asset Transfer After the institutionalized person is found eligible, he or she may transfer assets to the community spouse. The maximum amount he or she can transfer is the community spouse asset share (or a greater amount ordered by a court or a fair hearing). If the community spouse already has some assets, the institutionalized person can transfer assets which, when added to the community spouse's assets, equal the community spouse asset share (or an amount ordered by a court or a fair hearing). He or she is not allowed to transfer assets for less than fair market value to anyone other than the community spouse. 18.4.6.1 Asset Transfer Period The institutionalized spouse must transfer the assets to the community spouse by the next regularly scheduled review (12 months). If their assets are above $2,000 on the date of the next scheduled review, they will be determined ineligible. They will remain ineligible until their assets no longer exceed the $2,000 Medicaid asset limit. Example 3 Robert was first institutionalized September 2013. Lucinda, Robert's wife, remained in the community. The couple passed the joint asset test and Robert was determined eligible in September 2013. The couple's total combined assets were $42,000, $32,000 of which were owned solely by Robert. Robert had until the next scheduled review (August 2014) to get his total assets under the $2,000 Medicaid asset limit. By August 2014, Robert had only transferred $23,000 to Lucinda. Robert still had $9,000 in assets. Robert became ineligible September 2014 and will remain ineligible as long as his assets are over $2,000. 18.4.6.1.1 Leaves Institution or Becomes Ineligible During the 12-Month Transfer Period If the institutionalized spouse during the 12-month transfer period: