405 Ind. Admin. Code 2-3-26

Current through October 23, 2024

Section 405 IAC 2-3-26 - Resource eligibility of institutionalized applicant or member with community spouse; posteligibility

Authority: IC 12-15-1-10

Affected: IC 12-15

Sec. 26.

(a) The rules for treatment of resources are computed under 42 U.S.C. 1396r-5(c).

(b) For purposes of this section, the term "resources" does not include resources excluded under section:

(1)42 U.S.C. 1396b(a) or 42 U.S.C. 1396b(d); or

(2)42 U.S.C. 1382b(a)(2)(A).

(c) For purposes of this section, resources are defined as cash, liquid assets, or any real or personal property an individual or an individual's spouse owns and is able to convert to cash.

(d) When the computation of spousal share at the time of institutionalization is calculated under 42 U.S.C. 1396r-5(c)(1), retirement accounts either or both spouses have an ownership interest in are included in the total value of resources. After eligibility is determined, any account solely in the community spouse's name is no longer counted in the institutionalized member's budget, unless excepted under section 1.2 of this rule.

405 IAC 2-3-26

Office of the Secretary of Family and Social Services; 405 IAC 2-3-26; Filed 6/26/2024, 10:03 a.m.: 20240724-IR-405230819FRA