Definition of terms

Terms used in §§ 28-6-16 to 28-6-22 , inclusive, mean: (1) "Community spouse," the spouse of an institutionalized spouse; (2) "Deeming" or "deemed," the determination by the department that nonexempt resources or income of a spouse is available to an institutionalized spouse; (3) "Department," the Department of Social Services; (4) "Exempt income," any income which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1 ; (5) "Exempt resources," any resources which may not be considered in determining eligibility for medical assistance pursuant to § 28-6-1 ; (6) "Income," any earned or unearned income under rules adopted pursuant to § 28-6-1 ; (7) "Institutionalized spouse," an individual who is applying for or receiving long - term care and is married to a spouse who is not in long - term care; (8) "Long - term care," skilled nursing care and related services for residents who require medical or nursing care; rehabilitation services for the rehabilitation of injured, disabled or sick persons; or on a regular basis, health - related care and services to individuals who because of their mental or physical condition require care and services above the level of room and board which can be made available to them only through institutional facilities, and is not primarily for the care and treatment of mental disease; (9) "Nonexempt income," any income which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1 ; (10) "Nonexempt resources," any resources which may be considered in determining eligibility for medical assistance pursuant to § 28-6-1 ; (11) "Resources," any cash or other liquid assets or any real or personal property under rules adopted pursuant to § 28-6-1 ; (12) "Spousal share," the amount of nonexempt income or resources unavailable to an institutionalized spouse, for the purposes of determining eligibility for long - term care, under §§ 28-6-16 to 28-6-22 , inclusive. Source: SL 1989, ch 243 , § 1; SL 1990, ch 208 , § 1. 28-6-17 . Income and resources of spouses in long - term care--Division--Notice--Hearing. The department shall determine the aggregate nonexempt resources and income of the community spouse and the institutionalized spouse at the beginning of a continuous period of institutionalization of the institutionalized spouse regardless of whether an application for long - term medical assistance is made at the time. After the aggregate nonexempt resources and income have been determined, the department shall determine a spousal share. The department shall notify the institutionalized spouse and the community spouse of the division of income and resources for the purpose of deeming in long - term care. If either the institutionalized spouse or the community spouse is dissatisfied with the division of income or resources, that spouse is entitled to a fair hearing pursuant to § 28-6-6 if there is an application for long - term care medical assistance. If an application for long - term care medical assistance is not made the department may charge a reasonable fee for its assessment. Source: SL 1989, ch 243 , § 3.