WAG 07-02-20
For ACA Adults, see MR #17.14: ACA Adult Eligibility Group for policy guidance.
Policy regarding transfers of resources and income applies only to nursing home (NH) residents, supportive living facility (SLF) residents, and medical customers applying for or receiving services through the Department on Aging (DoA) Home and Community Based Services (HCBS) waiver services. This policy applies to the Affordable Care Act (ACA) and Aid to the Aged, Blind and Disabled (AABD). This includes residents living in the community at the time of the transfer. It also includes current medical customers applying for or receiving DoA HCBS waiver services who were not applying for or receiving DoA HCBS waiver services at the time of the transfer. Do not apply the resource/income transfer policy to others living in the community.
Refer long term care cases with reported transfers totaling over $25,000 during the lookback period to Long Term Care - Asset Discovery Investigation (LTC-ADI) Unit. FCRCs will review reported transfers totaling $25,000 or less. The lookback period is 60 months from the request for the state to pay for LTC services
A transfer of resources or income occurs when a person or their spouse (regardless of who has an interest in the resources or income) buys, sells, or gives away real or personal property, or changes how property is held. This includes:
- transferring ownership of a resource while retaining a life estate;
- liquidating a life estate;
- taking an action that causes a resource not to be received (for example, waiving the right to receive an inheritance);
- transfer of income in the month it is received; and
- any action by any person that reduces or eliminates the customer's ownership or control of a resource held in joint tenancy, tenancy in common, or other similar legal arrangement.
Some transfers affect eligibility, and some do not. Whether eligibility is affected depends on the following:
- when the transfer took place;
- the type of transfer; and
- the reason for the transfer.
Transfers that do not affect eligibility are called allowable transfers. See PM 07-02-20-b for allowable transfers.
