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monthly maintenance needs allowance of the recipient's or | | applicant's spouse that lives in the community, called in this | | section "the community spouse," the use of the income-first method. | | Using the income-first method, the rules must provide that the | | income of the recipient or applicant that could be made available | | to support the community spouse is allocated to the community | | spouse for purposes of the minimum monthly maintenance needs | | allowance. The rules may not increase the community spouse's | | resource allowance unless the community spouse's income does not | | meet the minimum monthly maintenance needs allowance after taking | | into account any income that may be made available from the | | applicant or recipient. |
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| | | Rules adopted under this section are routine technical rules | | pursuant to the Maine Revised Statutes, Title 5, chapter 375, | | subchapter 2-A and apply only to transactions occurring on or | | after July 1, 2005. |
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| | | Sec. DDD-15. Certain annuity contracts as countable assets in MaineCare. The | | Department of Health and Human Services shall adopt rules for | | MaineCare eligibility purposes that count as an asset the value | | of an irrevocable contract of annuity insurance purchased by an | | applicant or recipient unless the contract: |
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| | | 1. Names as the only beneficiary the recipient or applicant | | or that person's community spouse or dependent, blind or disabled | | child; |
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| | | 2. Prohibits a residual beneficiary, other than a dependent or | | disabled child, in the event the spouse dies before the payout | | period ends; and |
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| | | 3. Provides no benefit to the spouse or dependent or disabled | | child other than a regular stream of income in equal payments | | over a period no longer than the spouse's life expectancy | | determined at the time of purchase, as established by the life | | expectancy tables published by the federal Centers for Medicare | | and Medicaid Services or other appropriate federal agencies | | identified by the department. |
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| | | These rules do not displace the provisions of the Maine | | Revised Statutes, Title 24-A, section 2428, exempting from claims | | of creditors the proceeds of a contract of annuity insurance. | | The department is authorized to count as an available asset for | | MaineCare eligibility the value of any contract of annuity | | insurance that does not qualify for exclusion as described in | | Title 24-A, section 2428. |
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