For SSI-related categories of MA, the CAO must deem resources available from a spouse, including a common-law spouse, who is living with the client and:
Is not getting TANF, GA, SBP, or SSI.
Is getting MA.
Is eligible for but not yet approved for MA.
Resources are not deemed from a parent to a child who is under 21 years of age or to a pregnant woman. Resources are not deemed from a spouse to a pregnant woman.
The CAO must count the nonexcluded resources of both spouses as if they were applying together. The CAO must include the spouse when picking the correct NMP or MNO resource limit. If total resources are more than the two-person resource limit, the client is not eligible for MA. (See Chapter 340, Resources, Appendix A.)
The resources excluded for the client are also excluded for a spouse who is a LRR. (See the SSI-related rules in Chapter 340, Resources.) The client must show proof of the LRR's resources.
The deeming of resources ends on the first day of the month following the month in which the client and spouse are no longer living together. Resources are deemed available when deciding on retroactive eligibility if the LRR lived in the home at least one day in that calendar month.
NOTE: Deeming stops in the month a spouse is admitted to a nursing facility or other institutional care facility. See the Nursing Care Handbook for the information on the treatment of resources for a client who is in an institution.
Deeming continues during temporary separations, such as when the spouse is away for economic reasons, an emergency, a job, or a vacation. A temporary separation happens when the spouse leaves the home and returns in the same month or the following month. A spouse who is in the hospital is considered to be living with his or her spouse.
Updated February 14, 2012, Replacing January 22, 2009