Current through Register Vol. 56, No. 18, September 16, 2024
(a) In
the determination of resource eligibility for an individual requiring long-term
care, the county welfare agency shall establish the combined countable
resources of a couple as of the first period of continuous institutionalization
beginning on or after September 30, 1989. This determination shall be made upon
request for a resource assessment in accordance with
10:71-4.9 or at the time of
application for Medicaid benefits. The total countable resources of the couple
shall include all resources owned by either member of the couple individually
or together. The county welfare agency shall establish a share of the resources
to be attributed to the community spouse in accordance with this section. (No
community spouse's share of resources may be established if the
institutionalized individual's current continuous period of
institutionalization began at any time before September 30, 1989.)
1. The community spouse's share of the
couple's combined countable resources is based on the couple's countable
resources as of the first moment of the first day of the month of the current
period of institutionalization beginning on or after September 30, 1989 and
shall not exceed $ 117,240, as indexed annually in accordance with
42
U.S.C. §
1396r-5(g) and
published as a notice in the New Jersey Register, and unless authorized in (a)4
or 5 below. The community spouse's share of the couple's resources shall be the
greater of:
i. $ 23,448, as indexed annually
in accordance with
42
U.S.C. §
1396r-5(g) and
published as a notice in the New Jersey Register; or
ii. One half of the couple's combined
countable resources.
2.
In determining the resource eligibility of the institutionalized spouse, the
community spouse's share of the resources is subtracted from couple's total
combined resources as of the first moment of the first day of the month of
application for Medicaid. If the remaining resources are less than or equal to
$ 2,000, the institutionalized spouse is resource eligible. If the remaining
resources exceed $ 2,000, eligibility may not be established.
i. In the case of an individual whose
eligibility for institutional care is determined in accordance with the rules
applicable for New Jersey Care (see N.J.A.C. 10:72), resource eligibility will
exist when the couple's combined resources, less the community spouse's share
of the resources, are equal to or less than $ 4,000.
3. To the extent that the community spouse's
share of the combined resources are not already owned by the community spouse,
the ownership of the community spouse's share of the resources must be
transferred to the community spouse within 90 days of a determination of
eligibility for institutional Medicaid services. The CWA may extend the
transfer period if individual circumstances warrant a longer period to affect
the transfer. Resources not transferred by the end of the 90-day period (or
extension) shall be counted in the determination of eligibility for the
institutionalized individual.
i. Eligibility
for the institutionalized individual shall be established pending the actual
transfer of the resources if he or she attests, in writing, that he or she
intends to transfer the community spouse's share of the resources to the
community spouse.
4. If
a court of competent jurisdiction has ordered that resources be transferred to
the community spouse in an amount higher than that authorized in (a)1 above,
the higher court-ordered amount shall be recognized as the community spouse's
share. Any resource transferred under such a court order shall not be subject
to the resource transfer penalty described at
10:71-4.10.
5. If, in accordance with
10:71-5.7(d),
additional resources have been authorized to be set aside for the community
spouse in order to provide for a sufficient income maintenance level, such
additional resources are not subject to the limitation in this section on the
community spouse's share of the couple's combined resources. Any resource
transferred to the community spouse under this provision shall not be subject
to the resource transfer provision described at
10:71-4.10.
6. For purposes of this section, an
institutionalized individual does not include any individual who is not likely
to remain in a Title XIX facility for a period of 30 consecutive days. If a
physician has not certified that the individual's stay in the facility is
expected to be a period of 30 or more consecutive days, that individual's
Medicaid eligibility will be determined as if he or she continued to reside in
the community until he or she has been in a Title XIX facility (or a
combination of Title XIX facilities) for a period of 30 consecutive
days.
7. For purposes of this
section, a continuous period of institutionalization means 30 consecutive days
of institutional care in a medical institution, and/or Medicaid funded home and
community-based waiver services. Continuity is broken by absences from the
institution for 30 consecutive days or the non-receipt of home or community
based services for 30 consecutive days.
8. For purposes of determining the community
spouse's share of the couple's resources only, countable resources of a couple
shall include all resources not subject to exclusion under
10:71-4.4, except that one
automobile shall be excluded without regard to the dollar limits set forth at
10:71-4.4(b)2
and personal effects and household goods shall be excluded without regard to
the dollar limits set forth at
10:71-4.4(b)3.
9. In determining retroactive eligibility
(the three-month period immediately preceding the month of application) based
on the first Medicaid application in a continuous period of
institutionalization, the community spouse's share of the resources shall be
deducted from the couple's combined total resources. If the institutionalized
individual subsequently files another Medicaid application for the same
continuous period of institutionalization, retroactive eligibility will be
based on all resources actually owned by the institutionalized
individual.