Haw. Code R. § 17-1725.1-50 - Determination of the community spouse resource allowance
(a)
At the time of initial eligibility determination, the community spouse of an
institutionalized individual who received long-term care services on or after
September 30, 1989, shall be allowed to maintain countable assets up to the
maximum allowed by federal statutes or regulations with provisions for
increase, as allowed by the Secretary of Health and Human Services by means of
indexing, court order, or fair hearing.
(b) At the time of initial eligibility
determination of an institutionalized individual, the total value of assets of
both spouses, regardless of how they are held, shall be considered available to
the institutionalized individual, except for the community spouse resource
allowance, as defined by subsection (a).
(c) The assets retained by the community
spouse, as allowed by subsection (a), shall not jeopardize the eligibility of
the institutionalized individual. After the initial eligibility of the
institutionalized individual is established, any assets of the community
spouse, which do not include the institutionalized individual as a co-owner,
shall not be considered during the continuous period of both eligibility and
institutionalization of the institutionalized individual.
(d) The post-eligibility interspousal
transfer of assets shall be allowed for the legal transfer of assets from the
institutionalized individual to the community spouse. After a protected period
of ninety days from the date eligibility is determined, which may be extended
if there are legal reasons or extenuating circumstances that delay such a
transfer, any assets still legally available to the institutionalized
individual shall be considered in the determination of continued eligibility of
the institutionalized individual.
(e) The provisions of subsections (a) through
(d) apply to an institutionalized individual who qualifies for long-term care
services.
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