Notwithstanding this chapter, for the purpose of determining medical indigency and eligibility for assistance for an individual residing or about to reside in an institution eligible for Medicaid participation under this section, there shall be a presumption, rebuttable by either spouse, that each spouse has a marital property interest in 1/2 of the total monthly income of both spouses at the time of application for medical assistance. Only the 1/2 interest of the applicant spouse shall be considered available to the spouse in determining eligibility for medical indigency and eligibility for assistance.

The marital property interest of the applicant spouse in the income of both spouses may be rebutted upon a showing of one of the following:

1. 1. Court order A court order allocating marital income pursuant to alimony, spousal support, equitable division of marital property or disposition of marital property;

   [PL 1989, c. 502, Pt. A, §72 (NEW).]

2. 2. Individual ownership The establishing of sole individual ownership of income from current active employment; or

   [PL 1989, c. 502, Pt. A, §72 (NEW).]

3. 3. Supplementary allocation of spousal income By applying to the Department of Health and Human Services for a supplementary allocation of spousal income pursuant to this section.

   [PL 1989, c. 502, Pt. A, §72 (NEW); PL 2003, c. 689, Pt. B, §6 (REV).]

PL 1989, c. 502, §A72 (NEW). PL 2003, c. 689, §B6 (REV).