Section 441.7 - Income for the community spouse(a) When a community spouse has income below the monthly maintenance needs allowance as determined under the department's regulations and Title XIX of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396 et seq.), the institutionalized spouse may transfer additional resources to the community spouse only in accordance with this section.(b) The institutionalized spouse may transfer income to the community spouse in an amount equal to the difference between: (1) The community spouse's monthly maintenance needs allowance; and(2) The community spouse's income from all sources.(c) Resources of the institutionalized spouse may be used to purchase an annuity in accordance with this subsection. The following shall apply: (1) The annuity purchased may provide the community spouse with monthly income equal to the difference between: (i) the community spouse's monthly maintenance needs allowance; and(ii) the community spouse's income from all sources if the community spouse survives the institutionalized spouse.(2) The annuity purchased to provide income for the community spouse must meet all of the following conditions:(i) Be actuarially sound.(iii) Pay in equal monthly payments so that payments are paid out over the actuarial life expectancy of the annuitant, as set forth in life expectancy tables approved by the department.(iv) Name the department as the contingent beneficiary in the event that the community spouse predeceases the expiration of the guaranteed period of the annuity, not to exceed the amount of all medical assistance expended on behalf of the institutionalized spouse.(3) If an annuity is purchased and the community spouse's income from all sources, including the annuity, is less than the monthly maintenance needs allowance, the institutionalized spouse may transfer sufficient income to bring the community spouse's income up to the monthly maintenance needs allowance.(d) As used in this section, the following words and phrases shall have the following meanings: "Community spouse" means the spouse of an institutionalized spouse.
"Institutionalized spouse" means an individual who is:
(1) in a medical institution;(2) in a nursing facility or receiving services equivalent to those provided in a nursing facility; or(3) receiving home- and community-based services in lieu of nursing facility care pursuant to a waiver granted under section 1915(c) or (d) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396n(c) or (d) ).1967, June 13, P.L. 31, No. 21, art. 4, § 441.7, added 2005, July 7, P.L. 177, No. 42, § 1, imd. effective.