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Virginia Administrative Code
Title 12. Health
Agency 30. Department Of Medical Assistance Services
Chapter 110. Eligibility and Appeals
12/6/2021

12VAC30-110-730. Applicability.

Subpart II
Resource Assessments And Eligibility

Article 1
General

A. These income and resource regulations shall apply to a married institutionalized individual who:

1. Was admitted to a medical institution, medical assistance community-based waiver service or hospice service on or after September 30, 1989, and has been continuously institutionalized since admission; and

2. Has a community spouse.

B. In determining the income and resources of an institutionalized spouse as defined in 12VAC30-110-720, the provisions of 12VAC30-110-720 through 12VAC30-110-1010 supercede any other provision of medical assistance regulations that is inconsistent with them.

C. Except as this section specifically provides, this section does not apply to:

1. The determination of what constitutes income or resources; or

2. The methodology and standards for determining and evaluating income and resources.

D. These rules shall cease to apply to determinations of medical assistance eligibility or to post-eligibility determinations of patient pay in the first calendar month following changes in circumstances resulting in an institutionalized spouse no longer being institutionalized or no longer having a community spouse.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-8.6 § 2.1, eff. October 1, 1991; amended, Virginia Register Volume 12, Issue 9, eff. March 1, 1996; Volume 17, Issue 13, eff. April 11, 2001.

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