1 Tex. Admin. Code § 358.415 - Calculation of the Spousal Protected Resource Amount
(a) The Texas Health and Human Services
Commission (HHSC) calculates the spousal protected resource amount (SPRA) as of
the assessment date described in §358.414(c) of this division (relating to
Assessment of Resources to Determine a Spousal Protected Resource
Amount).
(b) When determining the
SPRA, HHSC excludes the following resources regardless of value:
(1) one automobile; and
(2) a home, if:
(A) the community spouse or dependent family
member continues to live in the home while the person is in the institutional
setting;
(B) the community spouse
lives in another state on out-of-state property, whether or not the
institutionalized spouse has ownership interest; or
(C) the community spouse had been living in
the out-of-state property as a home but is not residing there during the
assessment and initial eligibility period and the community spouse signs a
statement of intent to return to the home.
(c) The SPRA is the greater of:
(1) one-half of the couple's combined
countable resources, not to exceed the maximum resource amount set by federal
law; or
(2) the minimum resource
amount set by federal law.
(d) HHSC calculates the SPRA as described in
this section whether the SPRA is calculated at the time of application for
Medicaid or before an application for Medicaid is filed. After HHSC determines
the SPRA, the SPRA does not change unless:
(1) the SPRA was based on incomplete or
inaccurate information, as described in §358.416(f)(1) of this division
(relating to Initial Application and the Spousal Protected Resource Amount);
or
(2) the SPRA is expanded as
described in §358.420 of this division (relating to Expanding the Spousal
Protected Resource Amount).
(e) The couple may not appeal the SPRA at the
time of the assessment. The couple may appeal the SPRA after an application for
Medicaid is filed.
Notes
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