Statutes, codes, and regulations
Virginia Administrative Code
Title 12 - HEALTHAgency 30 - DEPARTMENT OF MEDICAL ASSISTANCE SERVICESChapter 110 - ELIGIBILITY AND APPEALSPart V - Married Institutionalized Individuals' Eligibility and Patient PaySubpart II - Resource Assessments And Eligibility
Article 3 - Resource Eligibility Determinations for Institutionalized Spouses
Section 12VAC30-110-813 - Attribution of resources at the time of initial eligibility determination

12 Va. Admin. Code § 30-110-813

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Current through Register Vol. 41, No. 10, December 30, 2024
Section 12VAC30-110-813 - Attribution of resources at the time of initial eligibility determination

In determining the countable resources of an institutionalized spouse at the time of application, regardless of any state laws relating to community property or division of marital property, all resources held by either the institutionalized spouse, community spouse, or both, shall be considered available to the institutionalized spouse but only to the extent that the amount of such resources exceeds the spousal protected resource amount calculated in accordance with § 1924(f)(2)(A) of the Act.

12 Va. Admin. Code § 30-110-813

Derived from Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

Statutory Authority

§ 32.1-325 of the Code of Virginia.