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TITLE 1ADMINISTRATION
PART 15TEXAS HEALTH AND HUMAN SERVICES COMMISSION
CHAPTER 358MEDICAID ELIGIBILITY FOR THE ELDERLY AND PEOPLE WITH DISABILITIES
SUBCHAPTER CFINANCIAL REQUIREMENTS
DIVISION 5SPOUSAL IMPOVERISHMENT
RULE §358.412Definitions

In this division, the following words and terms have the following meanings, unless the context clearly indicates otherwise.

  (1) Community spouse--The spouse of an institutionalized spouse who is not living in a setting that provides medical care and services.

  (2) Dependent family member--A minor or dependent child, dependent parent, or dependent sibling of an institutionalized spouse or a community spouse who resides with the community spouse.

  (3) Institutional setting--In this division only, a living arrangement in which a person applying for or receiving Medicaid:

    (A) lives in a Medicaid-certified long-term care facility;

    (B) receives services under a §1915(c) waiver program; or

    (C) receives services under the Program of All-Inclusive Care for the Elderly (PACE).

  (4) Institutionalized spouse--A person who:

    (A) receives care in an institutional setting;

    (B) has met or is likely to meet the criterion in subparagraph (A) of this paragraph for at least 30 consecutive days; and

    (C) is married to a spouse who does not meet the criterion in subparagraph (A) of this paragraph.

  (5) Spousal protected resource amount (SPRA)--That portion of a couple's combined countable resources reserved for the community spouse and deducted from the couple's combined countable resources in determining eligibility.


Source Note: The provisions of this §358.412 adopted to be effective September 1, 2009, 34 TexReg 5497

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