37.82.1331    INSTITUTIONALIZED SPOUSE, RESOURCE ASSESSMENTS

(1) A resource assessment is available to any married individual who:

(a) entered a medical institution on or after October 1, 1989;

(b) is likely to remain in the institution for at least 30 consecutive days; and

(c) has a spouse who continues to reside in the community.

(2) Only one resource assessment per lifetime is available to each institutionalized spouse. The resource assessment is based on the couple's countable resources at the beginning of the first period of continuous institutionalization beginning after September 30, 1989.

(3) An institutionalized spouse, community spouse or a representative for either spouse may request a resource assessment based on the married couple's combined countable resources, whether owned individually or jointly, as of the first moment of the month of institutionalization.

(4) The individual requesting the assessment must provide all relevant documentation and/or verification required by the department within 45 days of the assessment request date.

(5) The department will complete a resource assessment within 45 days of:

(a) the assessment request date, unless documentation or verification is delayed due to a third party; or

(b) documentation or verification receipt when the individual requesting the resource assessment does not provide necessary information in a timely manner.

(6) When the resource assessment is complete the department will provide written notice to both spouses including:

(a) the amount of the combined countable resources at the beginning of the most recent continuous period of institutionalization;

(b) the method used to compute the community spouse's resource allowance ARM 37.82.1336(2) ; and

(c) the method used to compute the amount of resources available to the institutionalized spouse.

(7) The resource assessment is appealable through a fair hearing by either spouse after the institutionalized spouse applies for medicaid benefits, and the hearing must be held within 30 days of the date it is requested.

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