institutionalized individual or couple

(1) (A) In order to meet the requirement of subsection (a)(50), the State plan must provide that, in the case of an institutionalized individual or couple described in subparagraph (B), in determining the amount of the individual’s or couple’s income to be applied monthly to payment for the cost of care in an institution, there shall be deducted from the monthly income (in addition to other allowances otherwise provided under the State plan) a monthly personal needs allowance— (i) which is reasonable in amount for clothing and other personal needs of the individual (or couple) while in an institution, and (ii) which is not less (and may be greater) than the minimum monthly personal needs allowance described in paragraph (2). (B) In this subsection, the term “institutionalized individual or couple” means an individual or married couple— (i) who is an inpatient (or who are inpatients) in a medical institution or nursing facility for which payments are made under this subchapter throughout a month, and (ii) who is or are determined to be eligible for medical assistance under the State plan.

Source

42 USC § 1396a(q)(1)


Scoping language

In this subsection
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