Section 12-15-2-25 - Eligibility; retention of income to support community spouse(a) This section applies to an individual who:(1) is eligible for Medicaid;(2) resides in a nursing facility or another medical institution; and(3) has a community spouse.(b) An individual described in subsection (a) is entitled to retain an income allowance for the purpose of supporting a community spouse if: (1) the community spouse's income is less than the minimum monthly needs allowance established under 42 U.S.C. 1396r-5(d)(3); and(2) an increased amount is necessary to increase the community spouse's income to the minimum monthly needs allowance.(c) If either spouse establishes that a higher allowance is needed due to exceptional circumstances resulting in significant financial duress, the minimum monthly needs allowance may be increased after an administrative hearing or by a court order.(d) The office shall adopt rules under IC 4-22-2 setting forth the manner in which the office will determine the existence of exceptional circumstances resulting in significant financial duress under subsection (c).As added by P.L. 246-2005, SEC.103.