49.454(1)(a)3.
3. A person, including a court or administrative body with legal authority to act in place of or on behalf of the individual or the individual's spouse.
49.454(1)(a)4.
4. A person, including a court or administrative body, acting at the direction or upon the request of the individual or the individual's spouse.
49.454(1)(b)
(b) If the corpus of a trust under
par. (a) includes assets of a person other than the individual or the individual's spouse, this section applies only with respect to the portion of the trust attributable to the assets of the individual or the individual's spouse.
49.454(2)
(2) Treatment of revocable trust amounts. For purposes of determining an individual's eligibility for, or amount of benefits under, medical assistance:
49.454(2)(a)
(a) The corpus of a revocable trust is considered a resource available to the individual.
49.454(2)(b)
(b) Payments from a revocable trust to or for the benefit of the individual are considered income of the individual.
49.454(2)(c)
(c) Other payments from a revocable trust are considered transfers of assets by the individual subject to
s. 49.453.
49.454(3)
(3) Treatment of irrevocable trust amounts. For purposes of determining an individual's eligibility for, or amount of benefits under, medical assistance:
49.454(3)(a)
(a) If there are circumstances under which payment from an irrevocable trust could be made to or for the benefit of the individual, the portion of the corpus from which, or the income on the corpus from which, payment to or for the benefit of the individual could be made is considered a resource available to the individual, and payments from that portion of the corpus or income:
49.454(3)(a)1.
1. To or for the benefit of the individual, are considered income of the individual.
49.454(3)(a)2.
2. For any other purpose, are considered transfers of assets by the individual subject to
s. 49.453.
49.454(3)(b)
(b) Any portion of an irrevocable trust from which, or any income on the corpus from which, no payment could under any circumstances be made to or for the benefit of the individual, is considered to be an asset transferred by the individual subject to
s. 49.453. The asset is considered to be transferred as of the date of the establishment of the trust, or, if later, the date on which payment to the individual was foreclosed. The value of the trust shall be determined for purposes of
s. 49.453 by including the amount of any payments made from that portion of the trust after that date.
49.454(4)
(4) Inapplicability. This section does not apply to any trust described in
42 USC 1396p (d) (4) or if the department determines, pursuant to procedures established by the department by rule, that the application of this section would work an undue hardship on an individual.
49.454 History
History: 1993 a. 437.
49.455
49.455
Protection of income and resources of couple for maintenance of community spouse. 49.455(1)(a)
(a) "Community spouse" means an individual who is married to an institutionalized spouse.
49.455(1)(b)
(b) "Consumer price index" means the consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor.
49.455(1)(c)
(c) "Family member" means a minor or dependent child, dependent parent or dependent sibling of an institutionalized or community spouse who resides with the community spouse.
49.455(1)(d)
(d) "Institutionalized spouse" means either an individual who is in a medical institution or nursing facility and is married to an individual who is not in a medical institution or nursing facility or an individual who receives services under a waiver under
42 USC 1396n (c) or (d) and is married to an individual who is not in a medical institution or nursing facility and does not receive services under a waiver under
42 USC 1396n (c) or (d).
49.455(1)(e)
(e) "Resources" does not include items excluded under
42 USC 1382b (a) or (d) or items that would be excluded under
42 USC 1382b (a) (2) (A) but for the limitation on total value established under that provision.
49.455(2)
(2) Applicability. The department shall use the provisions of this section in determining the eligibility for medical assistance under
s. 49.46 or
49.47 and the required contribution toward care of an institutionalized spouse.
49.455(3)(a)(a) Except as provided in
par. (b), no income of a spouse is considered to be available to the other spouse during any month in which that other spouse is an institutionalized spouse.
49.455(3)(b)
(b) Notwithstanding
ch. 766, for the purposes of
sub. (4), the following criteria apply in determining the income of an institutionalized spouse or a community spouse:
49.455(3)(b)1.
1. Except as determined under
subd. 2. or
3., unless the instrument providing the income specifically provides otherwise:
49.455(3)(b)1.a.
a. Income paid solely in the name of one spouse is considered to be available only to that spouse.