Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department of Medical Assistance Services
Chapter 110. Eligibility and Appeals

12VAC30-110-853. Community spouse resource allowance.

The community spouse resource allowance shall be calculated by determining the amount by which the greatest of:

1. The spousal resource standard;

2. The spousal share not to exceed the maximum spousal resource standard;

3. An amount established by a department hearing officer; or

4. An amount actually transferred from the institutionalized spouse to the community spouse under a court spousal support order exceeds the amount of resources otherwise available to the community spouse (determined without regard to such an allowance). If the community spouse has title to resources equal to or exceeding his spousal protected resource amount, he shall not be entitled to a community spouse resource allowance.

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 17, Issue 13, eff. April 11, 2001.

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