Alaska Administrative Code › Title 7 - Health and Social Services › Part 7 - Medicaid Assistance Eligibility › Chapter 100 - Medicaid Eligibility › Article 9 - Long-term Care Medicaid Eligibility › 7 AAC 100.506 - Allocation of resources to prevent spousal impoverishment

Current through May 31, 2024
(a) An applicant
				  for, or recipient of, Medicaid under
				  7 AAC 100.500 may allocate or transfer resources or
				  income to a community spouse to prevent the community spouse from becoming
				  impoverished while supporting the spouse residing in a medical institution or
				  receiving home and community-based waiver services. A resource or income
				  allocated or transferred under this section is not counted when determining
				  whether the applicant or recipient meets the financial eligibility criteria of
				  7 AAC 100.502.
(b) To determine eligibility under
				  7 AAC 100.502, all countable resources owned by one or
				  both spouses are combined as of the date the applicant entered a medical
				  institution or was approved under
				  7 AAC 130.205 -
				  7 AAC 130.219 for home and community-based waiver
				  services. Before determining the total countable resources of the long-term
				  care spouse, a portion of the combined resources may be allocated to the
				  community spouse to keep that spouse from becoming impoverished, not to exceed
				  the maximum community spouse resource allowance authorized under
				  42 U.S.C.
				  1396 r - 5(f)(2)(A). The amount of combined
				  resources, less the maximum community spouse resource allowance and any
				  additional allowance ordered or authorized under (e) of this section, is
				  considered available to the long-term care spouse when determining the amount
				  of countable resources under
				  7 AAC 100.502(a) (2), regardless of
				  which spouse owns the remaining unallocated resources.
(c) The long-term care spouse has until the
				  date of the long-term care spouse's first redetermination under
				  7 AAC 100.020 -
				  7 AAC 100.030 to transfer to the community spouse legal
				  ownership of all countable resources allocated to the community spouse under
				  (b) of this section. After that date, all countable resources are considered
				  available to the spouse in whose name they are held, with jointly held
				  resources allocated one-half to each spouse unless the department determines
				  that the value of the resources should be allocated differently.
(d) Following the initial eligibility
				  determination, if reported changes occur in the amount of countable resources
				  available to the long-term care spouse, the department will reevaluate the
				  eligibility of the long-term care spouse. The maximum community spouse resource
				  allowance remains in effect until the first redetermination in accordance with
				  (c) of this section. After the initial eligibility determination, any
				  additional resource acquired by and held in the sole name of the community
				  spouse is not a countable resource available to the long-term care
				  spouse.
(e) The maximum community
				  spouse resource allowance may be augmented for the following reasons:
(1) the commissioner or the commissioner's
				  delegee acting under 7 AAC 49 decides that the community spouse must retain a
				  higher amount of resources to raise the income generated from those resources
				  to the minimum amount deductible as a community spouse allowance under
				  7 AAC 100.560;
(2) the commissioner or the commissioner's
				  delegee acting under 7 AAC 49 decides that the amount of countable resources
				  used to determine eligibility was incorrect;
(3) a court orders an additional amount of
				  the long-term care spouse's resources be transferred to the community spouse or
				  other dependents;
(4) the
				  department determines that denial of eligibility would create an undue hardship
				  that could be adequately addressed by increasing the resource allowance; in
				  this paragraph, "undue hardship" means that denial of eligibility would deprive
				  the community spouse of
(A) medical care to
				  the degree that the community spouse's life or health would be endangered;
				  or
(B) food, clothing, shelter, or
				  other basic necessities.