State statute · Federal sources
Treatment of income and resources for institutionalized spouses (Medicaid spousal impoverishment)
42 U.S.C. s. 1396r-5
Edition and licensing notes
Publisher. U.S. Government Publishing Office (govinfo.gov)
Edition. U.S. Code (govinfo), retrieved 2026-08-28
Status. U.S. Code, public domain.
What this document is
42 U.S.C. s. 1396r-5: Treatment of income and resources for institutionalized spouses (Medicaid spousal impoverishment) is a state statute published by U.S. Government Publishing Office (govinfo.gov). It is one of the documents that insurance license exam questions are written from, including life & health practice questions. This page summarizes it and points to the official version, which is the text to rely on.
Sections cited in practice questions
Each practice answer shows the exact passage it comes from. These are sections of this document that questions cite, with a short excerpt from the source text.
- 42 U.S.C. § 1396r-5(f)(1) (Permitting Transfer of Resources to Community Spouse)
“An institutionalized spouse may, without regard to section 1396p(c)(1) of this title, transfer an amount equal to the community spouse resource allowance (as defined in paragraph (2)), but only to the extent the resources of the institutionalized spouse are transferred to (or for the sole benefit...”
- 42 U.S.C. § 1396r-5(d)(3)(A) (Establishment of Minimum Monthly Maintenance Needs Allowance)
“(A) In general Each State shall establish a minimum monthly maintenance needs allowance for each community spouse which, subject to subparagraph (C), is equal to or exceeds - (i) the applicable percent (described in subparagraph (B)) of 1/12 of the income official poverty line (defined by the...”
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