Administrative Code

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Virginia Administrative Code
Title 12. Health
Agency 30. Department of Medical Assistance Services
Chapter 40. Eligibility Conditions and Requirements
9/23/2020

12VAC30-40-340. Compliance with § 1924 and Obra 90.

a. Income and Resource eligibility policies used to determine eligibility for institutionalized spouses who have spouses living in the community are consistent with § 1924.

b. In the determination of resource eligibility the state resource standard is $12,000 adjusted annually in accordance with § 1924(g).

c. An institutionalized spouse who (or whose spouse) has excess resources shall not be found ineligible under Title XIX of the Social Security Act, per § 1924(c)(3)(C), where the state determines that denial of eligibility on the basis of having excess resources would work an undue hardship.

d. State community property laws do not apply for purposes of post-eligibility treatment of income.

e. The spousal share is determined at the beginning of the first continuous period of institutionalization (beginning on or after September 30, 1989) of the institutionalized spouse.

Statutory Authority

Social Security Act Title XIX; 42 CFR 430 to end; all other applicable statutory and regulatory sections.

Historical Notes

Derived from VR460-03-2.6113, eff. October 1, 1991.

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