SECTION 358.412. Definitions

In this division, the following words and terms have the following meanings, unless the context clearly indicates otherwise.

(1) Community spouse--The spouse of an institutionalized spouse who is not living in a setting that provides medical care and services.

(2) Dependent family member--A minor or dependent child, dependent parent, or dependent sibling of an institutionalized spouse or a community spouse who resides with the community spouse.

(3) Institutional setting--In this division only, a living arrangement in which a person applying for or receiving Medicaid:

(A) lives in a Medicaid-certified long-term care facility;

(B) receives services under a §1915(c) waiver program; or

(C) receives services under the Program of All-Inclusive Care for the Elderly (PACE).

(4) Institutionalized spouse--A person who:

(A) receives care in an institutional setting;

(B) has met or is likely to meet the criterion in subparagraph (A) of this paragraph for at least 30 consecutive days; and

(C) is married to a spouse who does not meet the criterion in subparagraph (A) of this paragraph.

(5) Spousal protected resource amount (SPRA)--That portion of a couple's combined countable resources reserved for the community spouse and deducted from the couple's combined countable resources in determining eligibility.

Source Note: The provisions of this §358.412 adopted to be effective September 1, 2009, 34 TexReg 5497