(1) An agreement between spouses transferring or assigning rights to future income
from one spouse to the other shall be invalid for purposes of determining eligibility
for medical assistance or the limited casualty program for the medically needy, but
this subsection does not affect agreements between spouses transferring or assigning
resources, and income produced by transferred or assigned resources shall continue
to be recognized as the separate income of the transferee; and
(2) In determining eligibility for medical assistance or the limited casualty program
for the medically needy for a married person in need of institutional care, or care
under home and community based waivers as defined in Title XIX of the Social Security
Act, if the community income received in the name of the nonapplicant spouse exceeds
the community income received in the name of the applicant spouse, the applicant's
interest in that excess shall be considered unavailable to the applicant.
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