419.03 Determining the Protected Resource Amount SR 98-51, 12/98 (AAM-A)

Determine the protected resource amount for the community spouse when the institutionalized individual files an application for medical assistance. The protected resource amount is the highest of the following figures:

• The spousal share, up to a maximum of $80,760.00; or

• The minimum spousal resource standard of $16,152.00, or

• An amount transferred to community spouse by a court support order, or

• An amount determined by the Division’s Office of Fair Hearings.

Set the protected amount to the spousal share if it is between the minimum spousal resource standard and the spousal share maximum, or set it equal to the minimum or maximum limit as appropriate, regardless of the client’s or community spouse’s claim that the protected amount set creates a hardship for the community spouse. If either member of the couple is dissatisfied with the amount set by the Division, either may appeal the protected amount through the fair hearings process or court system.