Page:United States Statutes at Large Volume 102 Part 1.djvu/795

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 757

"(C) the State determines that denial of eligibility would work an undue hardship. "(4) SEPARATE TREATMENT OF RESOURCES AFTER ELIGIBILITY FOR

BENEFITS ESTABLISHED.—During the continuous period in which an institutionalized spouse is in an institution and after the month in which an institutionalized spouse is determined to be eligible for benefits under this title, no resources of the community spouse shall be deemed available to the institutionalized spouse. "(5) RESOURCES DEFINED.—In this section, the term 'resources' does not include— "(A) resources excluded under subsection (a) or (d) of section 1613, and "(B) resources that would be excluded under section 1613(a)(2)(A) but for the limitation on total value described in such section. "(d) PROTECTING INCOME FOR COMMUNITY SPOUSE.— "(1) ALLOWANCES TO BE OFFSET FROM INCOME OF INSTITU-

TiONAUZED SPOUSE.—After an institutionalized spouse is determined to be eligible for medical assistance, in determining the amount of the spouse's income that is to be applied monthly to payment for the costs of care in the institution, there shall be deducted from the spouse's monthly income the following amounts in the following order: "(A) A personal needs allowance (described in section 1902(q)(l)), in an amount not less than the amount specified in section 1902(q)(2). "(B) A community spouse monthly income allowance (as defined in paragraph (2)), but only to the extent income of the institutionalized spouse is made available to (or for the benefit of) the community spouse. "(C) A family allowance, for each family member, equal to at least Va of the amount by which the amount described in paragraph (3)(A)(i) exceeds the amount of the monthly income of that family member, "(D) Amounts for incurred expenses for medical or remedial care for the institutionalized spouse (as provided under section 1902(r)). In subparagraph (C), the term 'family member' only includes minor or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse. "(2)

COMMUNITY SPOUSE MONTHLY INCOME ALLOWANCE DE-

FINED.—In this section (except as provided in paragraph (5)), the 'community spouse monthly income allowance' for a community spouse is an amount by which— "(A) except as provided in subsection (e), the minimum monthly maintenance needs allowance (established under and in accordance with paragraph (3)) for the spouse, exceeds "(B) the amount of monthly income otherwise available to the community spouse (determined without regard to such an allowance). "(3) ESTABLISHMENT OF MINIMUM MONTHLY MAINTENANCE NEEDS ALLOWANCE,—

"(A) IN GENERAL.—Each State shall establish a minimum monthly maintenance needs allowsmce for each community

state and local governments.