Medicaid Community Spouse Protection Amendments of 1987
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Medicaid Community Spouse Protection Amendments of 1987 - Amends title XIX (Medicaid) of the Social Security Act to separate the income and resources of an institutionalized individual from the income and resources of his or her community spouse in determining the institutionalized individual's Medicaid eligibility. Requires that, after a personal needs allowance is deducted from an institutionalized individual's monthly income, a monthly income allowance be paid to his or her community spouse (in addition to a family allowance for each family member residing with such spouse) to the extent such spouse's monthly income falls short of a minimum monthly maintenance needs allowance (allowance) determined pursuant to a specified formula. Gives the institutionalized spouse the right to a hearing to establish that the allowance is not adequate to support the community spouse without financial duress so that an adequate amount of support will be substituted for the allowance. Prohibits the allowance from being less than court-ordered support payments. Permits an institutionalized spouse to transfer resources to the community spouse to the extent $12,000 exceeds the amount of resources otherwise available to the community spouse.
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