Sec. 25. (a) This section applies to an individual who: (1) is eligible for Medicaid; (2) resides in a nursing facility or another medical institution; and (3) has a community spouse. (b) An individual described in subsection (a) is entitled to retain an income allowance for the purpose of supporting a community spouse if: (1) the community spouse's income is less than the minimum monthly needs allowance established under 42 U.S.C. 1396r-5(d)(3); and (2) an increased amount is necessary to increase the community spouse's income to the minimum monthly needs allowance. (c) If either spouse establishes that a higher allowance is needed due to exceptional circumstances resulting in significant financial duress, the minimum monthly needs allowance may be increased after an administrative hearing or by a court order. (d) The office shall adopt rules under IC 4-22-2 setting forth the manner in which the office will determine the existence of exceptional circumstances resulting in significant financial duress under subsection (c).
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