(1) is eligible for Medicaid;

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(3) has a community spouse.

     (b) An individual described in subsection (a) is entitled to retain an income allowance for the purpose of supporting a community spouse if:

(1) the community spouse’s income is less than the minimum monthly needs allowance established under 42 U.S.C. §§ 1396r-5(d)(3); and

(2) an increased amount is necessary to increase the community spouse’s income to the minimum monthly needs allowance.

     (c) If either spouse establishes that a higher allowance is needed due to exceptional circumstances resulting in significant financial duress, the minimum monthly needs allowance may be increased after an administrative hearing or by a court order.

     (d) The office shall adopt rules under IC 4-22-2 setting forth the manner in which the office will determine the existence of exceptional circumstances resulting in significant financial duress under subsection (c).

As added by P.L.246-2005, SEC.103.