Assignment of Rights to Spousal Support

An institutionalized spouse whose community spouse refuses to cooperate or whose whereabouts is unknown will not be ineligible due to (A) assets determined to be available for the cost of care in accordance with 130 CMR 520.016(B): Treatment of a Married Couple’s Assets When One Spouse Is Institutionalized; or (B) their inability to provide information concerning the assets of the community spouse when one of the following conditions is met: (1) the institutionalized spouse assigns to the MassHealth agency any rights to support from the community spouse; (2) the institutionalized spouse lacks the ability to assign rights to spousal support due to physical or mental impairment as verified by the written statement of a competent medical authority; or (3) the MassHealth agency determines that the denial of eligibility, due to the lack of information concerning the assets of the community spouse, would otherwise result in undue hardship.