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Provider Notice issued 12/16/09

Prevention of Spousal Impoverishment Standards

To:​

Providers of Long Term Care​

Date:​ December 16, 2009​
Re:​

Prevention of Spousal Impoverishment Standards


This is to inform you that the federal Centers for Medicare and Medicaid Services is not raising the standards for the prevention of spousal impoverishment effective January 1, 2010. With no increase in the Consumer Price Index on which these figures are based, the resource and income standards that prevailed in 2009 will continue to apply in 2010. The term "spousal impoverishment" includes the standards for the Community Spouse Asset Allowance (CSAA) and the Community Spouse Maintenance Needs Allowance (CSMNA). The prevention of spousal impoverishment standards should be included in the oral and written information that must be provided to residents and potential residents about how to apply for and use Medicaid benefits.  Facilities are required by federal regulations (42 CFR 483.10) and state statute (210 ILCS 45/2-211) to give an explanation of resident rights at the time of admission and at least annually thereafter.

 

The CSAA standard for 2010 will remain at the 2009 level of $109,560. This is the maximum amount of assets a resident may transfer to a community spouse or to another for the sole benefit of a community spouse. The actual amount a resident may transfer is determined by deducting non‑exempt assets of the community spouse from the standard of $109,560.

 

The CSMNA standard for 2010 will remain at the 2009 level of $2,739. This is the maximum amount of monthly income a resident may give to a community spouse. The actual amount a resident may give is determined by deducting any gross income of the community spouse from the standard of $2,739.

 

Facilities may print brochure, HFS 3191, Nursing Home Services and Information for Couples, which gives additional information relating to the prevention of spousal impoverishment, by accessing the department’s Web site at: HFS 3191.

 

If you have any questions concerning this notice, contact the Bureau of Long Term Care at 217-524-7245.

 

Theresa A. Eagleson, Administrator
Division of Medical Programs