419.01 Entitlement to Protection of Resources (MAM)

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Allow the community spouse of an institutionalized individual a protection of resources. Individuals divorced or legally separated are not entitled to a protection of resources. All of the following conditions must be met in order to determine a protected resource amount: The institutionalized individual

• filed an application for medical assistance;

• had a resource assessment completed (see PART 417, Resource Assessment);

• has a legal spouse who resides in the community;

• first became institutionalized on or after September 30, 1989;

• is likely to remain institutionalized for a period of 30 consecutive days or more; and

• the institution is a hospital, skilled nursing or intermediate care facility providing medical care, including nursing and convalescent care. The facility must be authorized under state law to provide medical care. Contact the Office of Program Support, Bureau of Health Facilities Licensing, to determine if the facility is authorized to operate under state law.