Texas Administrative Code
Title 1 - ADMINISTRATION
Part 15 - TEXAS HEALTH AND HUMAN SERVICES COMMISSION
Chapter 358 - MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
Subchapter C - FINANCIAL REQUIREMENTS
Division 5 - SPOUSAL IMPOVERISHMENT
Section 358.411 - Purpose and Application
Current through Reg. 49, No. 38; September 20, 2024
(a) This division establishes the criteria under which income and resources are protected for a community spouse, in accordance with RSA 1396r-5.
(b) This division applies to an institutionalized spouse whose continuous period in an institutional setting begins on or after September 30, 1989. For this division only, a reference to an institutional setting includes the receipt of services under the Program of All-Inclusive Care for the Elderly (PACE).
(c) This division applies to a person who is in an institutional setting and has a community spouse. It is not necessary for the community spouse to meet citizenship and residency requirements.
(d) This division does not apply to a couple with a void or annulled marriage.
(e) In the case of a divorce, the provisions of this division apply through the end of the calendar month of the court order granting the divorce.
