Page:United States Statutes at Large Volume 102 Part 1.djvu/794

 102 STAT. 756

PUBLIC LAW 1 0 0 - 3 6 0 - J U L Y 1, 1988 evidence, that the ownership interests in income are other than as provided under such subparagraphs. "(c) RULES FOR TREATMENT OF RESOURCES.— "(1) COMPUTATION OF SPOUSAL SHARE AT TIME OF INSTTTUTIONAUZATION.— "(A) TOTAL JOINT RESOURCES.—There shall be computed

State and local governments. ^^°''^-

(as of the beginning of a continuous period of institutionalization of the institutionalized spouse)^ "(i) the total value of the resources to the extent either the institutionalized spouse or the community spouse has an ownership interest, and "(ii) a spousal share which is equal to ¥2 of such total value. "(B) ASSESSMENT,—At the request of an institutionalized spouse or Community spouse, at the beginning of a continuous period of institutionalization of the institutionalized spouse and upon the receipt of relevant documentation of resources, the State shall promptly assess and document the total value described in subparagraph (A)(i) and shall provide a copy of such assessment and documentation to each spouse and shall retain a copy of the assessment for use under this section. If the request is not part of an application for medical assistance under this title, the State may, at its option as a condition of providing the assessment, require payment of a fee not exceeding the reasonable expenses of providing and documenting the assessment. At the time of providing the copy of the assessment, the State shall include a notice indicating that the spouse has right to a fair hearing under subsection (e)(2)(E) with respect to the determination of the community spouse resource allowance, to provide for an allowance adequate to raise the spouse's income to the minimum monthly maintenance needs allowance. "(2) ATTRIBUTION OF RESOURCES AT TIME OF INITIAL ELIGIBILITY

DETERMINATION.—In determining the resources of an institutionalized spouse at the time of application for benefits under this title, regardless of any State laws relating to community property or the division of marital property— "(A) except as provided in subparagraph (B), all the resources held by either the institutionalized spouse, community spouse, or both, shall be considered to be available to the institutionalized spouse, and "(B) resources shall not be considered to be available to an institutionalized spouse, to the extent that the amount of such resources does not exceed the amount computed under subsection (fK2XA) (as of the time of application for benefits). "(3) ASSIGNMENT OF SUPPORT RIGHTS.—The institutionalized spouse shall not be ineligible by reason of resources determined under paragraph (2) to be available for the cost of care where— (A) the institutionalized spouse has assigned to the State any rights to support from the community spouse; (B) the institutionalized spouse lacks the ability to execute an assignment due to physical or mental impairment but the State has the right to bring a support proceeding against a community spouse without such assignment; or

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