LAC 50:III.16101. Spousal Impoverishment

A. Spousal impoverishment provisions assure that the needs of an institutionalized individual’s legal spouse and/or dependents that reside in the community continue to be met. B. Spousal impoverishment resource provisions allow certain long term care applicants/recipients residing in a medical institution for a continuous period of institutionalization or home and community-based services waiver applicants/recipients to allocate resources to a legal spouse (referred to as the community spouse) who lives in a non-institutionalized living arrangement for the community spouse’s own use and maintenance. 1. Exception. The spousal impoverishment provisions do not apply to individuals residing in a group home. C. The income first rule shall apply to spousal impoverishment. Under these provisions, all of the income of the institutionalized spouse that can be made available to the community spouse will be made available to bring the spouse up to the minimum monthly needs allowance.