(1) resides in a nursing facility or another medical institution; and

     (b) In determining eligibility for an individual described in subsection (a), the office shall, beginning in calendar year 2006, use the greater of the following community spouse resource allowances:

(1) Nineteen thousand twenty dollars ($19,020), subject to an adjustment described in 42 U.S.C. §§ 1396r-5(g).

(2) The lesser of:

(A) the spousal share computed under 42 U.S.C. §§ 1396r-5(c)(1); or

(B) ninety-five thousand one hundred dollars ($95,100), subject to an adjustment described in 42 U.S.C. §§ 1396r-5g.

(3) An amount established by a court order or an administrative hearing if the community spouse’s income is less than the minimum monthly needs allowance established under 42 U.S.C. §§ 1396r-5(d)(3) and an increased amount is necessary to increase the community spouse’s income to the minimum monthly needs allowance.

     (c) An institutionalized spouse shall not be ineligible for the program because of resources if:

(1) the institutionalized spouse:

(A) establishes that the individual has a right to receive support from the community spouse; and

(B) assigns to the office the right to receive support from the community spouse; or

(2) the office determines that the denial of eligibility would result in an undue hardship to the institutionalized spouse.

     (d) The office shall adopt rules under IC 4-22-2 to calculate the amount of resources necessary to provide income to the community spouse under subsection (b).

As added by P.L.246-2005, SEC.102.