SECTION 358.411. Purpose and Application  

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  • (a) This division establishes the criteria under which income and resources are protected for a community spouse, in accordance with 42 U.S.C. §1396r-5.

    (b) This division applies to an institutionalized spouse whose continuous period in an institutional setting begins on or after September 30, 1989. For this division only, a reference to an institutional setting includes the receipt of services under the Program of All-Inclusive Care for the Elderly (PACE).

    (c) This division applies to a person who is in an institutional setting and has a community spouse. It is not necessary for the community spouse to meet citizenship and residency requirements.

    (d) This division does not apply to a couple with a void or annulled marriage.

    (e) In the case of a divorce, the provisions of this division apply through the end of the calendar month of the court order granting the divorce.

Source Note: The provisions of this §358.411 adopted to be effective September 1, 2009, 34 TexReg 5497