§ 366-c. Treatment of income and resources of institutionalized\npersons. 1. Notwithstanding any other provision of law to the contrary,\nin determining the eligibility for medical assistance of a person\ndefined as an institutionalized spouse, the income and resources of such\nperson and the person's community spouse shall be treated as provided in\nthis section.\n 2. (a) For purposes of this section an "institutionalized spouse" is a\nperson (i) who is in a medical institution or nursing facility and\nexpected to remain in such facility or institution for at least thirty\nconsecutive days; or (ii) who is receiving care, services and supplies\npursuant to a waiver pursuant to subsection (c) of section nineteen\nhundred fifteen of the federal social security act, or successor to such\nwaiver, or is receiving care, services and supplies in a managed\nlong-term care plan pursuant to section eleven hundred fifteen of the\nsocial security act; and (iii) who is married to a person who is not in\na medical institution or nursing facility or is not receiving waiver\nservices described in subparagraph (ii) of this paragraph; provided,\nhowever, that medical assistance shall be furnished pursuant to this\nparagraph only if, for so long as, and to the extent that federal\nfinancial participation is available therefor. The commissioner of\nhealth shall make any amendments to the state plan for medical\nassistance, or apply for any waiver or approval under the federal social\nsecurity act that are necessary to carry out the provisions of this\nparagraph.\n (b) For purposes of this section, a "community spouse" is a person who\nis the spouse of an "institutionalized spouse".\n (c) For the purposes of this section, "spousal share" means an amount\nequal to one-half of the total value of the resources of the community\nspouse and the institutionalized spouse, as of the beginning of the\nfirst continuous period of institutionalization beginning on or after\nthe thirtieth day of September, nineteen hundred eighty-nine, to the\nextent that either, or both, have an ownership interest as of the date\nof the continuous period of institutionalization of the\ninstitutionalized spouse.\n (d) For the purposes of this section, "community spouse resource\nallowance" means the amount, if any, by which the greatest of the\nfollowing amounts exceeds the total value of the resources otherwise\navailable to the community spouse:\n (i) (A) prior to January first, nineteen hundred ninety-five, sixty\nthousand dollars, which shall be increased annually by the same\npercentage as the percentage increase in the federal consumer price\nindex;\n (B) on and after January first, nineteen hundred ninety-five through\nJune thirtieth, nineteen hundred ninety-nine, seventy-four thousand\neight hundred twenty dollars or such greater amount as may be required\nunder federal law;\n (ii) the lesser of sixty thousand dollars which shall be increased\nannually by the same percentage as the percentage increase in the\nfederal consumer price index or the spousal share; or\n (iii) the amount established for support of the community spouse\npursuant to a fair hearing under this section; or\n (iv) the amount transferred pursuant to court order for the support of\nthe community spouse.\n (e) For purposes of this section, "resources" do not include resources\nexcluded in determining eligibility for benefits under title XVI of the\nfederal social security act, as defined by the commissioner consistent\nwith federal law.\n (f) For purposes of this section, "family member" includes only a\ndependent or minor child, a dependent parent, or a dependent sibling of\nthe institutionalized spouse or the community spouse, who resides with\nthe community spouse.\n (g) For purposes of this section, "community spouse monthly income\nallowance" is the amount by which the minimum monthly maintenance needs\nallowance for the community spouse exceeds the monthly income otherwise\navailabl
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