Probate & Trust Law Section Conference Manual ... - Minnesota CLE

PRACTICE TIP: When the Asset Assessment Date is triggered by 30 continuous days of stay in
a medical facility, the first day of the stay becomes the Asset Assessment Date. When the 30
days is triggered by receipt of home- or community-based services, the Asset Assessment Date is
the date of the LTCC Screening. See HCPM § 19.45. When the Asset Assessment Date “is
based on” receipt of home- or community-based services, HCPM states that the Asset Assessment
Date is the date of the LTCC screening. Id. In this author’s opinion, any break between
discharge from a medical facility and the start date of receipt of qualifying home- or communitybased
services would break the 30 continuous day requirement.
c. The Maximum Community Spouse Asset Allowance (CSAA) has
increased from $113,640 for applications submitted in calendar year
2012, to $115,920 for applications submitted in calendar year 2013.
To protect the maximum amount of available assets for a
community spouse for applications submitted in 2012, countable
resources must equal or exceed $231,840 (formerly $227,280) as
measured on the Asset Assessment Date. HCPM § 22.40. This
number will remain in effect for applications submitted in 2012. It
might change for applications submitted on or after January 1,
2013, if Social Security payments are again increased by a COLA.
d. The Minimum Community Spouse Asset Allowance for 2012
increased from $32,245 in 2012, to $32,890. HCPM § 22.40. To
protect more than the minimum amount, the husband and wife must
own more than $65,780 (formerly $64,490) in countable resources
as measured on the Asset Assessment Date. Like the maximum,
the minimum will not change, if at all, until January 1, 2013, at the
earliest.
e. For applications in 2013, when countable assets on the asset
assessment date are between $65,780 and $231,840, the 2013
CSAA will protect available assets in an amount equal to one-half
of the countable resources measured on the Asset Assessment
Date.
4. COMMUNITY SPOUSE INCOME ALLOWANCES
a. Federal law allows a transfer of income from the MA spouse to the
Community Spouse if the Community Spouse has income below a
federal standard. The federal standard is called the Community
Spouse Income Allowance (CSIA).
b. The Minimum LTC Community Spouse Income Allowance
increased on July 1, 2012, from $1,840 to $1,892 for the period
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