Current through September 2, 2024
Section 16.03.05.724 - INCOME OWNERSHIP OF PARTICIPANT WITH COMMUNITY SPOUSEIncome ownership of a long-term care participant with a community spouse is determined before patient liability is computed. The participant's income ownership is counted as shown below.
01.Income Paid in the Name of Spouse. Income paid solely in the name of a spouse, and not paid from a trust, is the separate income of the spouse.02.Payment in Name of Both Spouses. Income paid in the names of both the long-term care participant and the community spouse is divided evenly between each spouse.03.Payment in Name of Spouse or Spouses and Another Person. Income paid in the names of the participant and/or the community spouse and another person is counted as available to each spouse, in proportion to the spouse's ownership. If payment is made to both spouses, and no proportion of ownership is specified, one-half of the income is counted to each spouse.04.Payment of Aid and Attendance. In the case of VA Aid and Attendance Allowance paid in the veteran's name, with an increment for the veteran's spouse, the increment is counted to the veteran.Idaho Admin. Code r. 16.03.05.724