(Revised 12/1/19 ML #3569)
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IM 5373
(N.D.A.C. Section 75-02-02.1-24(2)(3) and (7))
- The community spouse asset allowance is computed considering the assets as of the first continuous period of institutionalization of the institutionalized spouse, or as of the beginning of the first continuous period of receipt of HCBS by a HCBS spouse.
- The community spouse asset allowance is determined by first establishing a spousal share. The spousal share is an amount equal to one half of the total value of all countable assets owned (individually or jointly) by the institutionalized, HCBS, or community spouse.
Example:
|
If the couple's countable assets are: |
The community spouse share is: |
|
$25,000 |
$12,500 |
|
$90,000 |
$45,000 |
|
$250,000 |
$125,000 |
From the spousal share, the community spouse asset allowance is established, and is an amount that is equal to the community spouse share, but not less than $25,284, and not more than $126,420, effective January 2019 ($24,720 and $123,600 effective January 2018).
Example:
|
If the Spousal share is: |
The community spouse asset allowance is: |
|
$12,500 |
$25,284 (at least the minimum) |
|
$45,000 |
$45,000 |
|
$130,000 |
$126,420 (one-half is more than the maximum allowed, so the community spouse gets the maximum) |
The community spouse asset allowance may be adjusted by any additional amount transferred under a court order or established through a fair hearing.
Adjustments in the minimum and maximum allowed for a community spouse may also adjust the community spouse asset allowance.
- After the institutionalized
or HCBS spouse has been determined eligible, the community spouse is no
longer subjected to the community spouse asset allowance. Assets of the community spouse are subject to the disqualifying transfer provisions and may not be given away or transferred for less than fair market value without causing ineligibility for the institutionalized spouse.
- Should the Community Spouse require care in a medical institution, nursing facility, swing bed, or in the state hospital, the Spousal Impoverishment Provision no longer apply UNLESS the total length of the Community Spouses stay is anticipated to be less than a full calendar month.
