7 AAC 100.506 - Allocation of resources to prevent spousal impoverishment
(a) An applicant
for, or recipient of, Medicaid under
7
AAC 100.500 may allocate or transfer resources or
income to a community spouse to prevent the community spouse from becoming
impoverished while supporting the spouse residing in a medical institution or
receiving home and community-based waiver services. A resource or income
allocated or transferred under this section is not counted when determining
whether the applicant or recipient meets the financial eligibility criteria of
7
AAC 100.502.
(b) To determine eligibility under
7
AAC 100.502, all countable resources owned by one or
both spouses are combined as of the date the applicant entered a medical
institution or was approved under
7
AAC 130.205 -
7
AAC 130.219 for home and community-based waiver
services. Before determining the total countable resources of the long-term
care spouse, a portion of the combined resources may be allocated to the
community spouse to keep that spouse from becoming impoverished, not to exceed
the maximum community spouse resource allowance authorized under
42 U.S.C.
1396 r - 5(f)(2)(A). The amount of combined
resources, less the maximum community spouse resource allowance and any
additional allowance ordered or authorized under (e) of this section, is
considered available to the long-term care spouse when determining the amount
of countable resources under
7
AAC 100.502(a) (2), regardless of
which spouse owns the remaining unallocated resources.
(c) The long-term care spouse has until the
date of the long-term care spouse's first redetermination under
7
AAC 100.020 -
7
AAC 100.030 to transfer to the community spouse legal
ownership of all countable resources allocated to the community spouse under
(b) of this section. After that date, all countable resources are considered
available to the spouse in whose name they are held, with jointly held
resources allocated one-half to each spouse unless the department determines
that the value of the resources should be allocated differently.
(d) Following the initial eligibility
determination, if reported changes occur in the amount of countable resources
available to the long-term care spouse, the department will reevaluate the
eligibility of the long-term care spouse. The maximum community spouse resource
allowance remains in effect until the first redetermination in accordance with
(c) of this section. After the initial eligibility determination, any
additional resource acquired by and held in the sole name of the community
spouse is not a countable resource available to the long-term care
spouse.
(e) The maximum community
spouse resource allowance may be augmented for the following reasons:
(1) the commissioner or the commissioner's
delegee acting under 7 AAC 49 decides that the community spouse must retain a
higher amount of resources to raise the income generated from those resources
to the minimum amount deductible as a community spouse allowance under
7
AAC 100.560;
(2) the commissioner or the commissioner's
delegee acting under 7 AAC 49 decides that the amount of countable resources
used to determine eligibility was incorrect;
(3) a court orders an additional amount of
the long-term care spouse's resources be transferred to the community spouse or
other dependents;
(4) the
department determines that denial of eligibility would create an undue hardship
that could be adequately addressed by increasing the resource allowance; in
this paragraph, "undue hardship" means that denial of eligibility would deprive
the community spouse of
(A) medical care to
the degree that the community spouse's life or health would be endangered;
or
(B) food, clothing, shelter, or
other basic necessities.
Notes
Authority:AS 47.05.010
AS 47.07.020
AS 47.07.040
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