Computation of spousal share at time of institutionalization
(A) Total joint resources
(A)Total joint resources#
There shall be computed (as of the beginning of the first continuous period of institutionalization (beginning on or after September 30, 1989 ) of the institutionalized spouse)—
(i) the total value of the resources to the extent either the institutionalized spouse or the community spouse has an ownership interest, and
(ii) a spousal share which is equal to ½ of such total value.
(A)(i)#
the total value of the resources to the extent either the institutionalized spouse or the community spouse has an ownership interest, and
(A)(ii)#
a spousal share which is equal to ½ of such total value.
(B)Assessment#
At the request of an institutionalized spouse or community spouse, at the beginning of the first continuous period of institutionalization (beginning on or after September 30, 1989 ) of the institutionalized spouse and upon the receipt of relevant documentation of resources, the State shall promptly assess and document the total value described in subparagraph (A)(i) and shall provide a copy of such assessment and documentation to each spouse and shall retain a copy of the assessment for use under this section. If the request is not part of an application for medical assistance under this subchapter, the State may, at its option as a condition of providing the assessment, require payment of a fee not exceeding the reasonable expenses of providing and documenting the assessment. At the time of providing the copy of the assessment, the State shall include a notice indicating that the spouse will have a right to a fair hearing under subsection (e)(2).