Current through Register Vol.. 38, No. 17, April 11, 2022
A. If an individual
and the spouse apply or are eligible for Medicaid as aged, blind, or disabled,
and they cease to live together (separate), their income and resources are
considered available (deemed) to each other for the time periods specified in
this section. After the appropriate time period, income or resources actually
contributed by the separated spouse to the individual are counted in
determining the individual's eligibility.
C. If spouses separate for any reason other
than institutionalization, their income and resources are deemed to each other
during the month in which they cease to live together. When spouses cease to
live together, their income and resources cease to be deemed to each other
beginning the first month following the month the couple ceases to live
D. If only one spouse in
a couple applies for Medicaid or only one meets the aged, blind, or disabled
requirement, or if both spouses apply and are not eligible as a couple and they
separate, only the income and resources of the separated spouse that are
actually contributed to the individual are counted as available to the
individual beginning with the month after the month in which they cease to live
Admin. Code §
VR460-04-2.6105 § 5, eff. June 16, 1993; amended, Virginia Register Volume
17, Issue 13, eff. April 11, 2001.
§ 32.1-325 of the Code of Virginia.