1. 1. The amount of resources which the institutionalized spouse has transferred to the community spouse or to other dependents pursuant to a court support order;
2. 2. An amount necessary to make the individual eligible if the department determines that the denial of medical assistance would create undue hardship as defined in 12VAC30-110-720.

If an institutionalized spouse has resources exceeding the appropriate medical assistance resource limit for one person, the following are deducted from his resources for the purpose of establishing eligibility, as appropriate:

Statutory Authority

§ 32.1-325 of the Code of Virginia.

Historical Notes

Derived from VR460-04-8.6 § 2.11, eff. October 1, 1991; amended, Virginia Register Volume 12, Issue 9, eff. March 1, 1996; Volume 17, Issue 13, eff. April 11, 2001.