- Determine the Community Spouse Resource Allowance (CSRA) using the nonexempt resources shown on Determination of Resource Allowance form (HFS 3190). To exclude a nonexempt resource, it must be transferred to the community spouse or to another person for the sole benefit of the community spouse.
- Send the HFS 3190 with the notice of decision. The HFS 3190 informs each spouse:
- of the amount of nonexempt resources the LTC spouse may transfer to the community spouse;
- the LTC spouse may transfer personal effects, household goods, and one motor vehicle in addition to the CSRA; and
- the LTC spouse is allowed one year from the month of application to make the transfer; verify whether the transfer was completed no later than the first scheduled redetermination after that year.
- Record the diversion in IES. Refer to wizard Record a Diversion for further instructions.
Example 1: Mr. G resides in a long term care facility. Mrs. G lives in their home in the community. Mr. G's resources are a $35,000 certificate of deposit. Mrs. G's resources are a $10,000 savings account.
Because Mrs. G's resources are below the community spouse resource allowance of $129,084.00, Mr. G can transfer his resources to her to bring her up to the CSRA. In this case, Mr. G can transfer all his resources to Mrs. G without affecting eligibility. All the couple's resources ($35,000 + $10,000 = $45,000) are attributed to Mrs. G, so there are no available resources to affect Mr. G's eligibility.
Mr. G must transfer the resource to Mrs. G prior to the first redetermination in order for the $35,000 certificate of deposit to not be counted as an available resource.
Example 2: Using the same situation as above, Mr. G has a $170,000.00 Certificate of Deposit. Mrs. G has a $20,000 certificate. Subtracting Mrs. G's $20,000 from the $129,084.00 resource allowance leaves $109,084.00. Mr. G can transfer $109,084 of his $170,00.00 certificate to Mrs. G, without affecting his eligibility. Mr. G states that he intends to transfer this amount. This leaves Mr. G $60,916.00 in nonexempt resources, which is more than the $17,500 resource disregard. The LTC MFO office approves Mr. G's case with a resource reduction.
Mr. G must transfer the $109,084.00 to Mrs. G prior to the first redetermination to not be counted as an available resource.
Appeal of Community Spouse Resource Allowance (CSRA)
The annual standard applies unless a greater amount is required by a court order or the result of a fair hearing. Contact Healthcare and Family Services (HFS) Bureau of Medical Eligibility and Special Programs for further instructions on applying the CSRA increase due to a court order or FAD.