This change went into effect September 1st and changes what DMA can consider to be income that is available to the community-based spouse on a monthly basis in order to live.

As reported in the special budget supplement in July, under previous rules, if the "community spouse" (generally the wife) has an income below the DMA determined "minimum monthly maintenance needs allowance" (MMMNA), she could ask for a "fair hearing" and request that she be allowed to keep additional assets until the income these assets would generate would bring her income up to the MMMNA. If that was still insufficient, then she could keep a portion of the institutionalized spouse's income to bring her income up to the MMMNA. Under the new rules, she would take from his income first and would not be able to keep additional assets unless his income was insufficient to bring hers up to her minimum monthly needs allowance. In that case she still might be able to retain some assets, but it would be a lesser amount than if they started with the assets. This also puts her at risk if he dies first and no longer has an income to be turned over to her.