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Indiana Code Title 12. Human Services § 12-15-2-25

Current as of January 02, 2024 | Updated by Findlaw Staff

Sec. 25. (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).

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Cite this article: FindLaw.com - Indiana Code Title 12. Human Services § 12-15-2-25 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-12-human-services/in-code-sect-12-15-2-25/

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