1. (a) This section applies to an individual who:

   1. (1) is eligible for Medicaid;
   2. (2) resides in a nursing facility or another medical institution; and
   3. (3) has a community spouse.

2. (b) An individual described in subsection (a) is entitled to retain an income allowance for the purpose of supporting a community spouse if:

   1. (1) the community spouse's income is less than the minimum monthly needs allowance established under 42 U.S.C. 1396r-5(d)(3); and
   2. (2) an increased amount is necessary to increase the community spouse's income to the minimum monthly needs allowance.
3. (c) If either spouse establishes that a higher allowance is needed due to exceptional circumstances resulting in significant financial duress, the minimum monthly needs allowance may be increased after an administrative hearing or by a court order.
4. (d) The office shall adopt rules under IC 4-22-2 setting forth the manner in which the office will determine the existence of exceptional circumstances resulting in significant financial duress under subsection (c).

As added by P.L.246-2005, SEC.103.