§ 178.122. Determining the spousal share of resources if theinstitutionalized spouse is not applying for MA.
(a) The central assessment unit computes the spousal share of resources if the institutionalized spouse is not applying for MA at the same time a resource assessment is requested.
(b) The request for an assessment of the couple’s resources may be made by the institutionalized spouse, the community spouse or a person acting on behalf of either spouse, by submitting a properly completed resource assessment form to the central assessment unit.
(c) The central assessment unit determines the spousal share of the resources and provides written notification within 45 calendar days of the request to the institutionalized spouse, the community spouse, and when applicable, the person acting on behalf of either spouse. The notification provides the amount of the total countable verified net resources, the amount of the spousal share and the right to a fair hearing if either spouse disagrees with the Department’s findings when an application is made for MA.
(d) Resources that are excluded in determining the total countable resources of the couple are specified in § § 178.61—178.81 (relating to resource exclusions for the aged, blind and disabled categories of MA).
(e) It is not necessary to determine the legal share of resources owned by each spouse when determining the spousal share of resources as long as the information establishes the combined total. It will be necessary to determine the individual legal share if the institutionalized spouse applies for MA.
(f) The spousal share determination is based solely on the information and documentation presented with the resource assessment form.
(g) The resource assessment form, the supporting documentation and a copy of the decision letter are retained by the central assessment unit.
(h) If the institutionalized spouse applies for MA, the community spouse may retain resources up to an amount equal to the spousal share without affecting the resource eligibility of the institutionalized spouse.
Source The provisions of this § 178.122 adopted August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432.
Cross References This section cited in 55 Pa. Code § 178.121 (relating to general); and 55 Pa. Code § 178.124 (relating to resource eligibility for the institutionalized spouse).
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