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Peter Zelchenko

Peter Zelchenko's Public Library

The Code of Hammurabi

  • That the strong might not injure the weak, in order to protect the widows and orphans, I have in Babylon the city where Anu and Bel raise high their head, in E-Sagil, the Temple, whose foundations stand firm as heaven and earth, in order to declare justice in the land, to settle all disputes, and heal all injuries, set up these my precious words, written upon my memorial stone, before the image of me, as king of righteousness.
11 Oct 09

Langdon Winner

  • what amounts to a whole hearted embrace of technological
    determinism
  • specifically tailored
    to the arrival of the electronic technologies
  • 17 more annotations...

Income and Asset Protection Rights of the Michigan Medicaid Community Spouse

  • The court process is written into the federal Medicaid law and therefore must be undertaken only when there is a Medicaid application.
  • Minimum Monthly Maintenance Needs Allowance

Section 106

  • 89 Ill. Adm.
    Code 120.61(d)

US CODE: Title 42,1396r–5. Treatment of income and resources for certain institutionalized spouses

  • (d)
    Protecting income for community spouse



    (1)
    Allowances to be offset from income of institutionalized spouse

    After an institutionalized spouse is determined or redetermined to be eligible for medical assistance, in determining the amount of the spouse’s income that is to be applied monthly to payment for the costs of care in the institution, there shall be deducted from the spouse’s monthly income the following amounts in the following order:
  • (C)
    A family allowance, for each family member, equal to at least 1/3 of the amount by which the amount described in paragraph (3)(A)(i) exceeds the amount of the monthly income of that family member.
  • 6 more annotations...

US CODE: Title 42,1396a. State plans for medical assistance

  • (r)
    Disregarding payments for certain medical expenses by institutionalized individuals
  • (ii)
    necessary medical or remedial care recognized under State law but not covered under the State plan under this subchapter, subject to reasonable limits the State may establish on the amount of these expenses.

spousal act

"o An amount transferred to the community spouse for her/his support as directed by a court order, or"

www.ltcfs.com/spousal.html - Preview

medicaid

Medicaid Planning - California, Nevada, Arizona, Kansas

  • The Stay-At-Home Spouse (Community Spouse)


    The Spousal Impoverishment Act (SIA), which Congress passed
    in 1988, protects the stay-at-home spouse (well spouse) by allowing
    him or her to keep a minimum amount of non-exempt assets referred to
    as the Community Spouse Resource Allowance (CSRA), and a minimum amount
    of a couples joint monthly income. The income amount is referred to
    as the Minimum Monthly Maintenance Needs Allowance (MMMNA). If the stay-at-home
    spouse has income separate from the applicant that is greater than the
    MMMNA, the stay-at-home spouse may then have unlimited income. Each
    state sets its own Community Spouse Resource Allowance following federal
    guidelines up to $95,100 for 2005 with a MMMNA guideline maximum of
    $2,378. Some states have both a minimum base and a maximum amount for
    both the CSRA and the MMMNA. Both can be increased under certain circumstances
    through a “Fair Hearing” or a Court Order.
  • Court Order:
    If the community spouse’s income is below the Minimum Monthly
    Maintenance Needs Allowance, a court order may be obtained to increase
    the Community Spouse Resource Allowance to create income up to the
    allowable Minimum Monthly Maintenance Needs Allowance.

Illinois General Assembly - Illinois Compiled Statutes

  • In determining the income and assets available to the institutionalized
    spouse and to the community spouse, the Department of Healthcare and Family Services

    shall follow the procedures established by federal law. The community spouse
    resource allowance shall be established and maintained at the maximum level
    permitted pursuant to Section 1924(f)(2) of the Social Security Act, as now
    or hereafter amended, or an amount set after a fair hearing, whichever is
    greater.
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