Page:United States Statutes at Large Volume 102 Part 1.djvu/797

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 759

described in subparagraph (B)) of the amount of the community spouse monthly income allowance (described in subsection (d)(l)(B)), of the amount of any family allowances (described in subsection (d)(l)(C)), of the method for computing the amount of the community spouse resources allowance permitted under subsection (f), and of the spouse's right to a fair hearing under this subsection respecting ownership or availability of income or resources, and the determination of the community spouse monthly income or resource allowance. "(2) FAIR HEARING.—

"(A) IN GENERAL.—If either the institutionalized spouse or the community spouse is dissatisfied with a determination of— "(i) the community spouse monthly income allowance; "(ii) the amount of monthly income otherwise available to the community spouse (as applied under subsection (d)(2)(B)); "(iii) the computation of the spousal share of resources under subsection (c)(D; "(iv) the attribution of resources under subsection (c)(2); or "(v) the determination of the community spouse resource allowance (as defined in subsection (f)(2)); such spouse is entitled to a fair hearing described in section 1902(a)(3) with respect to such determination. Any such hearing respecting the determination of the community spouse resource allowance shall be held within 30 days of the date of the request for the hearing. "(B) REVISION OF MINIMUM MONTHLY MAINTENANCE NEEDS

ALLOWANCE.—If either such spouse establishes that the community spouse needs income, above the level otherwise provided by the minimum monthly maintenance needs allowance, due to exceptional circumstances resulting in significant finemcial duress, there shall be substituted, for the minimum monthly maintenance needs allowance in subsection (d)(2)(A), an amount adequate to provide such additional income as is necessary. "(C) REVISION OF COMMUNITY SPOUSE RESOURCE ALLOW-

ANCE.—If either such spouse establishes that the community spouse resource allowance (in relation to the amount of income generated by such an allowance) is inadequate to raise the community spouse's income to the minimum monthly maintenance needs allowemce, there shall be substituted, for the community spouse resource allowance under subsection (fK2), an amount adequate to provide such a minimum monthly maintenance needs allowance. "(f) PERMITTING TRANSFER OF RESOURCES TO COMMUNITY SPOUSE.—

"(1) IN GENERAL.—An institutionedized spouse may, without regard to section 1917, transfer to the community spouse (or to another for the sole benefit of the community spouse) an amount equal to the community spouse resource allowance (as defined in paragraph (2)), but only to the extent the resources of the institutionalized spouse are transferred to (or for the sole benefit of) the community spouse. The transfer under the preceding sentence shall be made as soon as pacticable after the date of the initial determination of eligibility, taking into ac-

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