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Transcript 
UPDATED: JANUARY 2009
428
OTHER ELIGIBILITY REQUIREMENTS
SPOUSE
treatment of the couple’s income and resources. See INCOME
PERSONS
IN
MEDICAL
FACILITES
ASSESSMENT/
DETERMINATION OF INCOME AVAILABLE FOR THE COST OF
CARE for the full explanation of the assessment and budgeting of
income/resources.
If Medicaid is provided, in the instance of failure or refusal, an
implied contract is created with the non-contributing spouse.
Recovery of the cost of any care provided may be pursued
through legal channels.
Both Spouses Institutionalized
When both spouses are institutionalized they are treated as two
separate households, whether or not they share a room.
Institutionalized Waiver Participant with a Community Spouse
When one spouse is a waiver participant and his/her spouse is a
community spouse, spousal budgeting rules as specified in
INCOME PERSONS IN MEDICAL FACILITIES BUDGETING FOR
INSTITUTIONALIZED SPOUSES IN SPECIFIED HOME AND
COMMUNITY BASED WAIVERS (HCBS) are applied.
(MRG)
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