The Date of Determining the Community Spouse Resource Allowance

The date of determining the Community Spouse Resource Allowance is defined as being determined the first day of the first month of institutionalization.

However, institutionalization is not limited to nursing home placement. In actuality, it would commence the first day of the first month that a person went into a hospital. If the person were receiving home care, the determination would be the first day of the first month of home care.

Any combination of the above would apply, the determination being made at the earliest date. However, if the continuous period can be broken by a thirty-day time period then the above does not apply. For example, if a married individual enters a nursing home for rehabilitation and returns home without home care for a period of in excess of thirty days, the Community Spouse Resource Allowance would have to be re-determined at the appropriate date. As mentioned in Post 50, if the Community Spouse Resource Allowance increases after institutionalization, but before the date of determination of Medicaid eligibility, the individual gets the benefit of the increased Community Spouse Resource Allowance.

Disclaimer: This article does not constitute legal advice and each person may have unique facts for which legal consultation may be necessary.
© December 2010, Post 126