Sec. 24. (a) This section applies to determining eligibility for an individual who:
(1) resides in a nursing facility or another medical institution; and
(2) has a community spouse.
(b) In determining eligibility for an individual described in subsection (a), the office shall, beginning in calendar year 2006, use the greater of the following community spouse resource allowances:
(1) Nineteen thousand twenty dollars ($19,020), subject to an adjustment described in 42 U.S.C. 1396r-5(g).
(2) The lesser of:
(A) the spousal share computed under 42 U.S.C. 1396r-5(c)(1); or
(B) ninety-five thousand one hundred dollars ($95,100), subject to an adjustment described in 42 U.S.C. 1396r-5g.
(3) An amount established by a court order or an administrative hearing if the community spouse's income is less than the minimum monthly needs allowance established under 42 U.S.C. 1396r-5(d)(3) and an increased amount is necessary to increase the community spouse's income to the minimum monthly needs allowance.
(c) An institutionalized spouse shall not be ineligible for the program because of resources if:
(1) the institutionalized spouse:
(A) establishes that the individual has a right to receive support from the community spouse; and
(B) assigns to the office the right to receive support from the community spouse; or
(2) the office determines that the denial of eligibility would result in an undue hardship to the institutionalized spouse.
(d) The office shall adopt rules under IC 4-22-2 to calculate the amount of resources necessary to provide income to the community spouse under subsection (b).
As added by P.L.246-2005, SEC.102.
Structure Indiana Code
12-15-2-0.5. Provisions Not Limiting Health Care Assistance
12-15-2-1. "Federal Income Poverty Level"
12-15-2-2. Determination and Certification of Eligibility and Effective Date of Assistance
12-15-2-3.5. Eligibility for Aged or Disabled
12-15-2-6.5. Medicaid Buy-in Program
12-15-2-7. Individuals Eligible; Children in Families Receiving Tanf Assistance
12-15-2-10. Individuals Eligible; Long Term Care Program Participants
12-15-2-12. Individuals Eligible; Qualified Children
12-15-2-13. Pregnant Woman Eligibility; Eligibility Time Frame
12-15-2-13-b. Pregnant Woman Eligibility; Eligibility Time Frame
12-15-2-13.5. Eligibility for Women Screened and in Need of Treatment for Breast or Cervical Cancer
12-15-2-14. Minors With Limited Family Income
12-15-2-15.8. Continuous Eligibility to Three Years of Age
12-15-2-16. Eligibility of Individuals Under 18 Years of Age
12-15-2-16.2. Eligibility of Foster Children; Enrollment Assistance
12-15-2-16.5. Automatic Assignment to Medical Support and Third Party Medical Payments; Application
12-15-2-17. Exclusion of Resources in Determining Eligibility for Medicaid; Conditions
12-15-2-17.5. Income Exclusion in Determining Eligibility
12-15-2-17.7. Census Work Income Exclusion in Determining Eligibility
12-15-2-18. Financial Resources; State or Federal Higher Education Awards
12-15-2-21. Ineligibility Due to Noncompliance
12-15-2-23. Look Back; Exemption for Certain Contributions
12-15-2-23.5. Implementation of Federal Deficit Reduction Act of 2005
12-15-2-24. Eligibility; Community Spouse Resource Requirements
12-15-2-25. Eligibility; Retention of Income to Support Community Spouse