Code of Massachusetts Regulations
130 CMR - DIVISION OF MEDICAL ASSISTANCE
Title 130 CMR 520.000 - MassHealth: Financial Eligibility
Section 520.002 - Financial Responsibility
Universal Citation: 130 MA Code of Regs 130.520
Current through Register 1531, September 27, 2024
(A) Community Residents.
(1)
Spouses Living
Together. In the determination of eligibility for MassHealth, the
total countable-income amount and countable assets of the individual and the
spouse who are living together are compared to an income standard and asset
limit, unless one spouse is covered by MassHealth under a home- and
community-based service waiver, as described in
130
CMR 519.007(B):
Home- and Community-based Services Waiver- Frail
Elder.
(2)
Spouses Living Apart. When spouses live apart for
reasons other than admission to a medical institution, their assets and income
are considered mutually available only through the end of the calendar month of
separation.
(B) Residents of Medical Institutions.
(1)
Spouses Living
Together. When spouses live in the same long-term-care facility,
the income and assets are not mutually available.
(2)
One Spouse
Institutionalized.
(a) If only
one spouse is a resident of a medical institution who is expected to remain in
the facility for 30 days or more, the community spouse's income is not counted
in the determination of eligibility for the institutionalized spouse. The
institutionalized spouse may provide for the maintenance needs of the community
spouse in accordance with
130
CMR 520.026(B).
(b) The countable assets of both spouses must
be evaluated and a spousal share established in accordance with
130
CMR 520.016(B).
(3)
Institutionalized
Child. When a child under age 18 lives in a medical institution,
the income and assets of the parents are considered available only through the
end of the calendar month of separation.
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