JCAR890120-1011664r08 1 This version includes all HFS 1st ...

JCAR890120-1011664r0816331634163516361637163816391640164116421643164416451646164716481649165016511652165316541655165616571658165916601661166216631664166516661667166816691670167116721673167416755) if there is no trust or instrument establishing ownership, one-half of theincome shall be considered available to the institutionalized spouse andone-half to the community spouse.c) Resources. In determining the financial eligibility of an institutionalized spouse,the following shall applyA re-assessment is not required if:1) At the beginning of a continuous period of institutionalization, the totalvalue of resources owned by either or both spouses shall be computed. aresident of a long term care facility is discharged for a period of less than30 days and then reenters the facility;2) Assessment. Upon the request of an institutionalized spouse, communityspouse, or a representative of either, at the beginning of a continuousperiod of institutionalization, the Department shall conduct an assessmentof the couple's resources for the purpose of determining the combinedamount of nonexempt resources in which either spouse has an ownershipinterest. The person requesting the assessment shall be responsible forproviding documentation and verification necessary for the Department tocomplete the assessment. a resident of a long term care facility enters ahospital and then returns to the facility from the hospital;3) For purposes of this subsection (c), a continuous period ofinstitutionalization is defined as at least 30 days of continuous institutionalcare. An initial assessment remains effective during that period if: anindividual discontinues receiving home and community-based services fora period of less than 30 days; orA) a resident of a long term care facility is discharged for a period ofless than 30 days and then reenters the facility;B) a resident of a long term care facility enters a hospital and thenreturns to the facility from the hospital;C) a person discontinues receiving home and community-basedservices for a period of less than 30 days; orD) a person discontinues receiving home and community-basedservices due to hospitalization and then is discharged and begins toreceive home and community-based services.4) At the time of an institutionalized spouse's application for medicalassistance, all nonexempt resources held by either the institutionalized