The amount of resources determined under par. (b) to be available for the cost of care does not cause an institutionalized spouse to be ineligible for medical assistance, if any of the following applies: 1.
(1)#
The institutionalized spouse has assigned to the state any rights to support from the community spouse.
(2)#
The institutionalized spouse lacks the ability to execute an assignment under subd. 1. due to a physical or mental impairment but the state has the right to bring a support proceeding against the community spouse without an assignment.
(3)#
The department determines that denial of eligibility would work an undue hardship.