Medicaid provisions may allow for the spouse
of a nursing home resident, also known as the “community spouse,”
to keep one-half of the couple’s combined assets up to a certain
maximum limit. The spousal impoverishment methodologies are usually
triggered when one spouse enters a nursing facility (or hospital)
and is likely to be there for at least 30 days. On the first day
of the month the applicant enters the facility, the value of all
of the couple's countable resources is calculated, and the community
spouse is allowed to keep one-half or more of the resources, subject
to a minimum and maximum amount. In most states, once the community
spouse’s protected resource amount has been determined, the
institutionalized spouse must reduce the remaining resources to
below a certain dollar amount within certain timeframes. Cases such
as the Blumer decision have altered the landscape of protection
afforded community spouses in some instances.
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