37.82.1330    INSTITUTIONALIZED SPOUSE, DEFINITIONS

(1) The following definitions apply with respect to ARM 37.82.1320, 37.82.1321, 37.82.1330, 37.82.1331, and 37.82.1336 through 37.82.1338.

(a) "Community spouse" is the member of the married couple who continues to reside in the community after the institutionalization of the other spouse.

(b) "Community spouse resource allowance" means the amount of the couple's combined countable resources which are transferrable to the community spouse, as determined under ARM 37.82.1336.

(c) "Continuous period of institutionalization" means at least 30 consecutive days of institutionalization without a break in care.

(d) "Countable resources" are those resources defined as countable in ARM 37.82.903(2) .

(e) "Dependent" means only minor or dependent children, dependent parents, or dependent siblings of the institutionalized or community spouse who are residing with the community spouse and are recognized as dependents for federal income tax purposes.

(f) "Institutionalization" means admission to a medical institution.

(g) "Institutionalized spouse" means an individual who:

(i) is in a medical institution or nursing facility;

(ii) is married to a spouse who is not in a medical institution or nursing facility; and

(iii) is likely to meet conditions (i) and (ii) of this definition for at least 30 consecutive days.

(h) "Medical institution" means an institution organized to provide medical care and includes, but is not limited to, hospitals and nursing facilities.

(i) "Shelter expenses" means the following expenses for the community spouse's principal residence:

(i) the monthly amount of rent or mortgage payment, including principal and interest;

(ii) real estate taxes on the community spouse's principal residence;

(iii) homeowners insurance on the community spouse's principal residence;

(iv) any required condominium or cooperative maintenance charge on the community spouse's principal residence; and

(v) a monthly standard utility allowance (SUA) available only to households which incur central heating or central cooling costs separate from rent or mortgage. The SUA shall be $225 and includes the cost of heating or cooling, water, sewerage, garbage and trash collections, cooking fuel, electricity not used to heat or cool the residence, and the basic service fee for a telephone.

History: Sec. 53-6-113, MCA; IMP, Sec. 53-6-131, MCA; NEW, 1991 MAR p. 54, Eff. 1/18/91; AMD, 1992 MAR p. 673, Eff. 3/27/92; TRANS, from SRS, 2000 MAR p. 476.