Assignment of support rights
The institutionalized spouse shall not be ineligible by reason of resources determined under paragraph (2) to be available for the cost of care where—
(A)#
the institutionalized spouse has assigned to the State any rights to support from the community spouse;
(B)#
the institutionalized spouse lacks the ability to execute an assignment due to physical or mental impairment but the State has the right to bring a support proceeding against a community spouse without such assignment; or
(C)#
the State determines that denial of eligibility would work an undue hardship.