627.03 Allocation to a Community Spouse SR 19-01, 01/19 (MAM-A) |
Allow individuals residing in a nursing facility to allocate income to their community spouse, provided the community spouse's income is insufficient to maintain the spouse in the community. Allocate income if the institutionalized individual meets all of the following: |
||
- |
is married, with the spouse residing in the community; |
|
|
o |
consider legal separation the same as being divorced (not married). |
- |
voluntarily agrees to make their income available to the community spouse; |
|
- |
is likely to be institutionalized 30 consecutive days or more; and |
|
- |
resides in an institution that: |
|
|
- |
is either a hospital, skilled nursing, or intermediate care facility; |
|
- |
provides medical care, including nursing and convalescent care; and |
|
- |
is authorized under state law to provide medical care. Contact the Office of Program Support, Bureau of Health Facilities Licensing, for verification. |
Steps to Allocate Income to a Community Spouse - Use BFA Form 799, Spousal Income Protection, and BFA Form 799A, Income Computation Worksheet for Allocation of Income for Institutionalized Individuals. - Follow the step-by-step procedures. |
|||||||||||||||||||||||||||||||||||||||||||||||||
|
|
||||||||||||||||||||||||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||||||||||||||||||||||||
|
References: He-W 606.75; He-W 654.21; 42 CFR 435.725; 42 CFR 435.733; 42 USC 1396r-5(d)(2)-(4) & (g)