§ 74.09.545. Medical assistance or limited casualty program -- Eligibility -- Agreements between spouses to transfer future income -- Community income
(1) An agreement between spouses transferring or assigning rights to future income from one spouse to the other shall be invalid for purposes of determining eligibility for medical assistance or the limited casualty program for the medically needy, but this subsection does not affect agreements between spouses transferring or assigning resources, and income produced by transferred or assigned resources shall continue to be recognized as the separate income of the transferee; and
(2) In determining eligibility for medical assistance or the limited casualty program for the medically needy for a married person in need of institutional care, or care under home and community based waivers as defined in Title XIX of the Social Security Act, if the community income received in the name of the nonapplicant spouse exceeds the community income received in the name of the applicant spouse, the applicant's interest in that excess shall be considered unavailable to the applicant.
[1986 c 220 § 1.]
Sections: Previous 74.09.5251 74.09.5253 74.09.5254 74.09.5255 74.09.5256 74.09.530 74.09.540 74.09.545 74.09.555 74.09.565 74.09.575 74.09.585 74.09.595 74.09.600 74.09.650 NextLast modified: April 7, 2009