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MEDICAL SERVICES POLICY MANUAL, SECTION E

E 516 Real Property Exclusions

If at any time it is established that the individual has no intent to return home, the home will no longer be exempted from resource consideration. Putting the home up for sale and having no plans to invest the profits from the sale in another home indicates that the individual does not intend to return home. The individual’s equity in the home will be a countable resource effective the first day of the month following the month in which it is determined that the home is no longer the principal place of residence.  NOTE: Statements concerning intent to return, allegation of dependency, and/or principal place of residence may be accepted from individuals who have the authority to act on behalf of the applicant/recipient when the applicant/recipient is incapable of providing the information. Out-of-State Home The out-of-state home of an individual who enters thestate with the intent to reside permanently or for an indefinite period of time will not be excluded as the principal place of residence unless the home is occupied by a spouse or dependent relative. The out-of-state home cannot be disregarded using an intent to return statement as this conflicts with the individual’s allegation regarding state residency. Transfer of the Home If an individual transfers his home for less than fair market value while institutionalized, refer to MS H-305, H-309 and H-317 for treatment. Rental of the Home If the home is rented while an individual is institutionalized, it may continue to qualify as the principal place of residence and be excluded from resources as long as the individual intends to return. See MS E-430-431 for guidelines on how to consider rental income. The intent to return will be documented at 12-month intervals as long as the individual remains institutionalized.