(a) Individual budget. The Texas Health and Human Services Commission (HHSC) prepares an individual budget for a person in an institutional setting if the person is:
  (1) single;
  (2) widowed;
  (3) divorced; or
  (4) married and meets the criteria in subsection (c) of this section, but the community spouse refuses to cooperate in providing information and circumstances indicate possible abuse or neglect by the community spouse.
(b) Couple budget. HHSC prepares a couple budget for a couple in an institutional setting if:
  (1) the couple meets the definition of a couple in §358.431 of this division (relating to Definitions);
  (2) each spouse is an applicant or a recipient; and
  (3) both spouses are in the same coverage group.
(c) Institutional companion budget. HHSC prepares an institutional companion budget for a person in an institutional setting if:
  (1) the person has a community spouse; and
  (2) the couple meets the definition of a couple in §358.431 of this division, except the criterion that the couple live together does not apply.

Source Note: The provisions of this §358.436 adopted to be effective September 1, 2009, 34 TexReg 5497