Section 17-1725.1-50 - Determination of the community spouse resource allowance(a) At the time of initial eligibility determination, the community spouse of an institutionalized individual who received long-term care services on or after September 30, 1989, shall be allowed to maintain countable assets up to the maximum allowed by federal statutes or regulations with provisions for increase, as allowed by the Secretary of Health and Human Services by means of indexing, court order, or fair hearing.(b) At the time of initial eligibility determination of an institutionalized individual, the total value of assets of both spouses, regardless of how they are held, shall be considered available to the institutionalized individual, except for the community spouse resource allowance, as defined by subsection (a).(c) The assets retained by the community spouse, as allowed by subsection (a), shall not jeopardize the eligibility of the institutionalized individual. After the initial eligibility of the institutionalized individual is established, any assets of the community spouse, which do not include the institutionalized individual as a co-owner, shall not be considered during the continuous period of both eligibility and institutionalization of the institutionalized individual.(d) The post-eligibility interspousal transfer of assets shall be allowed for the legal transfer of assets from the institutionalized individual to the community spouse. After a protected period of ninety days from the date eligibility is determined, which may be extended if there are legal reasons or extenuating circumstances that delay such a transfer, any assets still legally available to the institutionalized individual shall be considered in the determination of continued eligibility of the institutionalized individual.(e) The provisions of subsections (a) through (d) apply to an institutionalized individual who qualifies for long-term care services.Haw. Code R. § 17-1725.1-50
[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R §431.10, 435.217; 42 U.S.C. §§1315, 1396r-5 ) (Imp: HRS § 346-29; 42 C.F.R. §435.217; 42 U.S.C. §§1315, 1396r-5 )