Cite as: 534 U. S. 473 (2002)
Stevens, J., dissenting
spouse is determined or redetermined to be eligible for medical assistance." 3
Wisconsin has passed a statute that prohibits the resource transfer authorized by § 1396r-5(e)(2)(C) unless the institutionalized spouse first transfers any available income to the community spouse.4 Unless this prohibition is authorized by federal law, it is plainly invalid because it qualifies the federal right created by § 1396r-5(e)(2)(C).
There are two possible bases for arguing that the Wisconsin statute is consistent with § 1396r-(e)(2)(C): first, that despite the express limitation in § 1396r-5(d) to deductions authorized "[a]fter an institutionalized spouse is determined or redetermined to be eligible," Congress really meant "be-fore or after"; and second, that when Congress used the term "community spouse's income" in § 1396r-5(e)(2)(C), it really
3 "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:
"(A) A personal needs allowance (described in section 1396a(q)(1) of this title), in an amount not less than the amount specified in section 1396a(q)(2) of this title.
"(B) A community spouse monthly income allowance (as defined in paragraph (2)), but only to the extent income of the institutionalized spouse is made available to (or for the benefit of) the community spouse.
"(C) A family allowance, for each family member. . . ." § 1396r-5(d)(1).
4 Wisconsin Stat. § 49.455(8)(d) (1993-1994) provides in part: "Except in exceptional cases which would result in financial duress for the community spouse, the department may not establish an amount to be used under sub. (6)(b)3. unless the institutionalized spouse makes available to the community spouse the maximum monthly income allowance permitted under sub. (4)(b) or, if the institutionalized spouse does not have sufficient income to make available to the community spouse the maximum monthly income allowance permitted under sub. (4)(b), unless the institutionalized spouse makes all of his or her income . . . available to the community spouse . . . ."
501
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