Definitions for Spousal Impoverishment 510-05-65-10

(Revised 01/02 ML #2762)

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(N.D.A.C. Section 75-02-02.1-24(1))

 

For purposes of the spousal impoverishment sections:

 

1. "Community spouse," means the spouse of an institutionalized individual or a spouse of a person who is receiving Home and Community Based Services (HCBS) who is:

1. Not financially responsible for a child who is in receipt of Medicaid; and
2. Not in receipt of Medicaid other than coverage under the Medicare Savings Programs.

2. "Family member" means only minor or dependent children, dependent parents, or dependent siblings of the institutionalized or HCBS or community spouse who are residing with the community spouse.

3. "Institutionalized spouse" means an individual who:

1. Requires care in a medical institution, a nursing facility, a swing bed, or the state hospital and, at the beginning of his or her institutionalization, was likely to be in the facility for at least thirty consecutive days even if he or she doesn't actually remain in the facility for thirty consecutive days; and
2. Is married to a spouse who resides in the community at least one day of the month.

4. "Home and Community Based Services (HCBS) Spouse" means an individual who:

1. Requires care in a nursing facility but chooses to receive HCBS services in the community; and
2. Is married to a spouse who resides in the community at least one day of the month.