Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 517.000 - MassHealth: Universal Eligibility Requirements
Section 517.011 - Assignment of Rights to Spousal Support
Universal Citation: 130 MA Code of Regs 130.517
Current through Register 1531, September 27, 2024
An institutionalized spouse, whose community spouse refuses to cooperate or whose whereabouts is unknown, will not be ineligible due to
(A) assets determined to be available for the cost of care in accordance with 130 CMR 520.016(B): Treatment of a Married Couple's Assets When One Spouse Is Institutionalized; or
(B) his or her inability to provide information concerning the assets of the community spouse when one of the following conditions is met:
(1) the institutionalized spouse assigns to
the MassHealth agency any rights to support from the community
spouse;
(2) the institutionalized
spouse lacks the ability to assign rights to spousal support due to physical or
mental impairment as verified by the written statement of a competent medical
authority; or
(3) the MassHealth
agency determines that the denial of eligibility, due to the lack of
information concerning the assets of the community spouse, would otherwise
result in undue hardship.
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