JCAR890120-1011664r08 1 This version includes all HFS 1st ...
JCAR890120-1011664r08 1 This version includes all HFS 1st ... JCAR890120-1011664r08 1 This version includes all HFS 1st ...
JCAR890120-1011664r08167616771678167916801681168216831684168516861687168816891690169116921693169416951696169716981699170017011702170317041705170617071708170917101711171217131714171517161717person, the community spouse, or both shall be considered available to theinstitutionalized spouse. From this amount may be deducted andtransferred to the community spouse the Community Spouse ResourceAllowance (CSRA), as provided under subsection (d) of this Section. Theremaining amount shall be the total amount of resources consideredavailable to the institutionalized spouse.an individual discontinuesreceiving home and community-based services due to hospitalization andthen is discharged and begins to receive home and community-basedservices.d) Transfer of Resources to the Community Spouse. From the amount of nonexemptresources considered available to the institutionalized spouse, as described insubsection (c)(4) of this Section, a The transfer of resourcesproperty is allowed, asdetermined in subsection (b) of this Section, by the institutionalized spouseclientto the community spouse or to another individual for the sole benefit (as definedin Section 120.388(m)(2)(D)) of the community spouse in an amount that doesnot exceed the CSRACommunity Spouse Asset Allowance (CSAA). The CSRAis the difference between the amount of resources otherwise available to thecommunity spouse and the greatest of:CSAA, as of October 1, 1989, is an amountup to but not greater than $60,000 that the individual may transfer, withoutaffecting eligibility, to the community spouse or to another individual for the solebenefit of the community spouse. As of October 1, 1989, the amount of assets anindividual may transfer to his or her community spouse is $60,000 minus anynonexempt assets of the community spouse. The amount established as theCSAA shall be provided for calendar years after 1989 by the Department ofHealth and Human Services. The CSAA may exceed the standard annual figureestablished by the U.S. Department of Health and Human Services only in one ofthe following circumstances:1) the amount established annually by the US Department of Health andHuman Services (DHHS) (as of January 1, 2011, $109,560); in a legalproceeding, a court approves the transfer of income-producing assets tothe community spouse in an amount greater than the standard CSAA; or2) the amount established through a fair hearing under subsection (f)(3) ofthis Section; oras the result of an appeal hearing (described in 89 Ill. Adm.Code 104.1), the Department determines that the transfer of incomeproducingassets to the community spouse in an amount greater than thestandard CSAA is necessary to raise the community spouse's income to,but not more than, the Community Spouse Maintenance Needs Allowance(described in subsection (f) of this Section).
JCAR890120-1011664r0817181719172017211722172317241725172617271728172917301731173217331734173517361737173817391740174117421743174417451746174717481749175017511752175317541755175617571758175917603) the amount transferred under a court order against an institutionalizedspouse for the support of the community spouse.A) The Department will measure the amount of an allowable increasein the CSAA by the cost to purchase an actuarially sound singlepremium life annuity producing monthly payments that, whenadded to the community spouse's income, will be sufficient to raisethe community spouse's income to, but not more than, theCommunity Spouse Maintenance Needs Allowance. If assets areinsufficient to purchase such an annuity, the Department willmeasure the amount of an allowable increase in the CSAA by thecost to purchase an actuarially sound single premium life annuityproducing monthly payments using available assets.B) It is the appellant's responsibility to provide the Department withan estimate from a reputable company of the cost to purchase theannuity.C) The Department may compare the estimate with availableinformation on the cost of other single premium life annuities.D) In calculating the amount of the community spouse's income afterapproval of an increased CSAA, the Department shall deem theamount of the annuity payments as being available to thecommunity spouse, although it will not require the actual purchaseof an annuity.e) The appeal hearing, described in subsection (d)(2) of this Section, shall be heldwithin 30 days after the date the appeal is filed.e)f) Deductions are allowed from an institutionalized spouse's post-eligibility theMANG client's non-SSI income (pursuant to Section 120.61(d) and (e)) for acommunity spouse income allowance and a family allowancefor a CommunitySpouse Maintenance Needs Allowance and a Family Maintenance NeedsAllowance for each dependent family member who is living with the communityspouse and who does not have enough income to meet his or her needs. Familymembers include dependent children under age 21, dependent adult children,dependent parents or dependent siblings of either spouse. The deductionsareamount of the deduction is determined as follows:1) The deduction for the Community Spouse Maintenance Allowance.SpouseMaintenance Needs Allowance, as of October 1, 1989, is equal to thecommunity spouse maintenance needs standard ($1,500) less any
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<strong>JCAR890120</strong>-<strong>1011664r08</strong>17181719172017211722172317241725172617271728172917301731173217331734173517361737173817391740174117421743174417451746174717481749175017511752175317541755175617571758175917603) the amount transferred under a court order against an institutionalizedspouse for the support of the community spouse.A) The Department will measure the amount of an <strong>all</strong>owable increasein the CSAA by the cost to purchase an actuari<strong>all</strong>y sound singlepremium life annuity producing monthly payments that, whenadded to the community spouse's income, will be sufficient to raisethe community spouse's income to, but not more than, theCommunity Spouse Maintenance Needs Allowance. If assets areinsufficient to purchase such an annuity, the Department willmeasure the amount of an <strong>all</strong>owable increase in the CSAA by thecost to purchase an actuari<strong>all</strong>y sound single premium life annuityproducing monthly payments using available assets.B) It is the appellant's responsibility to provide the Department withan estimate from a reputable company of the cost to purchase theannuity.C) The Department may compare the estimate with availableinformation on the cost of other single premium life annuities.D) In calculating the amount of the community spouse's income afterapproval of an increased CSAA, the Department sh<strong>all</strong> deem theamount of the annuity payments as being available to thecommunity spouse, although it will not require the actual purchaseof an annuity.e) The appeal hearing, described in subsection (d)(2) of this Section, sh<strong>all</strong> be heldwithin 30 days after the date the appeal is filed.e)f) Deductions are <strong>all</strong>owed from an institutionalized spouse's post-eligibility theMANG client's non-SSI income (pursuant to Section 120.61(d) and (e)) for acommunity spouse income <strong>all</strong>owance and a family <strong>all</strong>owancefor a CommunitySpouse Maintenance Needs Allowance and a Family Maintenance NeedsAllowance for each dependent family member who is living with the communityspouse and who does not have enough income to meet his or her needs. Familymembers include dependent children under age 21, dependent adult children,dependent parents or dependent siblings of either spouse. The deductionsareamount of the deduction is determined as follows:1) The deduction for the Community Spouse Maintenance Allowance.SpouseMaintenance Needs Allowance, as of October 1, 1989, is equal to thecommunity spouse maintenance needs standard ($1,500) less any
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