§ 20-88.02:1. Limitations on spousal support orders resulting in eligibilityfor medical assistance services; definitions.
A. Whenever any court shall determine that any petition for a spousal supportorder will have the effect of rendering either spouse eligible for medicalassistance services or for accelerating eligibility for medical assistanceservices, and the community spouse is asking for additional resources whichwill bring his total resources to an amount in excess of the federallyestablished maximum spousal resource allowance:
1. The court shall not enter the requested spousal support order unless thecourt first orders the institutionalized spouse to make available the maximumincome contribution to the community spouse.
2. The court must ascertain, when determining additional income in excess ofthe federally established community spouse minimum monthly maintenance needsallowance, that the increase is necessary due to exceptional circumstancesresulting in significant financial duress to the community spouse.
3. When determining the amount of any additional resources to be allowed toraise the community spouse's income up to either the federally establishedcommunity spouse minimum monthly maintenance needs allowance or in excess ofsuch minimum monthly maintenance needs allowance, the amount of suchadditional resources to be allowed shall be the greater of (i) thoseadditional resources necessary to generate an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be when based on the current earnings of suchresources or (ii) the amount necessary, at the time of the court'sdeliberations, to purchase a single premium annuity that would generatemonthly income to the community spouse in an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be.
B. For the purpose of making the determinations required by this section:
"Community spouse" means the spouse of an individual residing in a medicalinstitution or nursing facility.
"Federally established maximum spousal resource allowance" means thatamount established as the maximum spousal resource allowance in 42 U.S.C.1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5(g).
"Institutionalized spouse" means an individual who has been residing in amedical institution or nursing facility for at least thirty consecutive daysand who is married to an individual who is not residing in a medicalinstitution or nursing facility.
"Significant financial duress" means, but is not limited to, threatenedloss of basic shelter, food or medically necessary health care or thefinancial burden of caring for a disabled child, sibling or other immediaterelative.
§ 20-88.02:1. Limitations on spousal support orders resulting in eligibilityfor medical assistance services; definitions.
A. Whenever any court shall determine that any petition for a spousal supportorder will have the effect of rendering either spouse eligible for medicalassistance services or for accelerating eligibility for medical assistanceservices, and the community spouse is asking for additional resources whichwill bring his total resources to an amount in excess of the federallyestablished maximum spousal resource allowance:
1. The court shall not enter the requested spousal support order unless thecourt first orders the institutionalized spouse to make available the maximumincome contribution to the community spouse.
2. The court must ascertain, when determining additional income in excess ofthe federally established community spouse minimum monthly maintenance needsallowance, that the increase is necessary due to exceptional circumstancesresulting in significant financial duress to the community spouse.
3. When determining the amount of any additional resources to be allowed toraise the community spouse's income up to either the federally establishedcommunity spouse minimum monthly maintenance needs allowance or in excess ofsuch minimum monthly maintenance needs allowance, the amount of suchadditional resources to be allowed shall be the greater of (i) thoseadditional resources necessary to generate an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be when based on the current earnings of suchresources or (ii) the amount necessary, at the time of the court'sdeliberations, to purchase a single premium annuity that would generatemonthly income to the community spouse in an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be.
B. For the purpose of making the determinations required by this section:
"Community spouse" means the spouse of an individual residing in a medicalinstitution or nursing facility.
"Federally established maximum spousal resource allowance" means thatamount established as the maximum spousal resource allowance in 42 U.S.C.1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5(g).
"Institutionalized spouse" means an individual who has been residing in amedical institution or nursing facility for at least thirty consecutive daysand who is married to an individual who is not residing in a medicalinstitution or nursing facility.
"Significant financial duress" means, but is not limited to, threatenedloss of basic shelter, food or medically necessary health care or thefinancial burden of caring for a disabled child, sibling or other immediaterelative.
§ 20-88.02:1. Limitations on spousal support orders resulting in eligibilityfor medical assistance services; definitions.
A. Whenever any court shall determine that any petition for a spousal supportorder will have the effect of rendering either spouse eligible for medicalassistance services or for accelerating eligibility for medical assistanceservices, and the community spouse is asking for additional resources whichwill bring his total resources to an amount in excess of the federallyestablished maximum spousal resource allowance:
1. The court shall not enter the requested spousal support order unless thecourt first orders the institutionalized spouse to make available the maximumincome contribution to the community spouse.
2. The court must ascertain, when determining additional income in excess ofthe federally established community spouse minimum monthly maintenance needsallowance, that the increase is necessary due to exceptional circumstancesresulting in significant financial duress to the community spouse.
3. When determining the amount of any additional resources to be allowed toraise the community spouse's income up to either the federally establishedcommunity spouse minimum monthly maintenance needs allowance or in excess ofsuch minimum monthly maintenance needs allowance, the amount of suchadditional resources to be allowed shall be the greater of (i) thoseadditional resources necessary to generate an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be when based on the current earnings of suchresources or (ii) the amount necessary, at the time of the court'sdeliberations, to purchase a single premium annuity that would generatemonthly income to the community spouse in an amount sufficient to increasethe community spouse's income to the applicable monthly needs or incomeallowance, as the case may be.
B. For the purpose of making the determinations required by this section:
"Community spouse" means the spouse of an individual residing in a medicalinstitution or nursing facility.
"Federally established maximum spousal resource allowance" means thatamount established as the maximum spousal resource allowance in 42 U.S.C.1396r-5 (f) (2) (A) as adjusted annually in accordance with 42 U.S.C. 1396r-5(g).
"Institutionalized spouse" means an individual who has been residing in amedical institution or nursing facility for at least thirty consecutive daysand who is married to an individual who is not residing in a medicalinstitution or nursing facility.
"Significant financial duress" means, but is not limited to, threatenedloss of basic shelter, food or medically necessary health care or thefinancial burden of caring for a disabled child, sibling or other immediaterelative.
