Special treatment for institutionalized spouses

Official source

(1) Supersedes other provisions

(1)Supersedes other provisions

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Special treatment for institutionalized spouses

Official source

(1) Supersedes other provisions

(1)Supersedes other provisions

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In determining the eligibility for medical assistance of an institutionalized spouse (as defined in subsection (h)(1)), the provisions of this section supersede any other provision of this subchapter (including sections 1396a(a)(17) and 1396a(f) of this title) which is inconsistent with them.

(2)No comparable treatment required#

Any different treatment provided under this section for institutionalized spouses shall not, by reason of paragraph (10) or (17) of section 1396a(a) of this title , require such treatment for other individuals.

(3)Does not affect certain determinations#

Except as this section specifically provides, this section does not apply to—

(A) the determination of what constitutes income or resources, or

(B) the methodology and standards for determining and evaluating income and resources.

(3)(A)#

the determination of what constitutes income or resources, or

(3)(B)#

the methodology and standards for determining and evaluating income and resources.

(4)Application in certain States and territories#

(A) Application in States operating under demonstration projects In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1315 of this title , the Secretary shall require the State to meet the requirements of this section in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this subchapter.

(B) No application in commonwealths and territories This section shall only apply to a State that is one of the 50 States or the District of Columbia.

(4)(A)Application in States operating under demonstration projects#

In the case of any State which is providing medical assistance to its residents under a waiver granted under section 1315 of this title , the Secretary shall require the State to meet the requirements of this section in the same manner as the State would be required to meet such requirement if the State had in effect a plan approved under this subchapter.

(4)(B)No application in commonwealths and territories#

This section shall only apply to a State that is one of the 50 States or the District of Columbia.

(5)Application to individuals receiving services under PACE programs#

This section applies to individuals receiving institutional or noninstitutional services under a PACE demonstration waiver program (as defined in section 1396u–4(a)(7) of this title ) or under a PACE program under section 1396u–4 or 1395eee of this title.