1. (1) When additional resources are received by an institutionalized spouse after the initial eligibility determination and receipt of such resources would cause ineligibility for the institutionalized spouse, the resources will be exempt as countable resources for 90 days from receipt if:

   1. (a) the institutionalized spouse intends to transfer the new resources to the community spouse;
   2. (b) receipt of the additional resources is reported within ten days of receipt; and
   3. (c) a written statement of the intent to transfer the resources to the community spouse is made by the institutionalized spouse.

Authorizing statute(s): Sec. 53-6-113, MCA

Implementing statute(s): Sec. 53-6-131, MCA

History: NEW, 1991 MAR p. 54, Eff. 1/18/91; TRANS, from SRS, 2000 MAR p. 476.