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Medical Services Policy Manual, Section H
H-200 Spousal Impoverishment
H 209 Rules for Transfer by the IS
allowance (CSMNA) as computed on the DCO-712 due to exceptional circumstances resulting in significant financial duress. There will be NO substitute CSRA made by a hearing officer when an IS does not make a living allowance (CSMIA) available to the CS. 2. By a hearing officer who confirms the allegation by either spouse that the initial determination was incorrect, or 3. By the county when it is determined that inaccurate information was provided and used in determining the CSMR. Refer to MS L-100 for additional information on Appeals and Hearings. H-209 Rules for Transfer by the IS MS Manual 01/01/14 If the IS or a representative acting on his/her behalf, transfers resources in an amount less than or equal to the CSRA for less than fair market value (FMV) to the CS or to another for the sole benefit of the CS, no penalty period will be applied to the IS. If resources are transferred by the IS for less than FMV to anyone other than the CS or to another but not for the sole benefit of the CS, a penalty period will be applied according to the resource transfer provisions in effect at the time of the transfer. (Re. to MS H-308) The penalty period will apply to the vendor payment only. If the IS is otherwise eligible, he/she may be given eligibility for Medicaid ONLY. Prohibited transfers for uncompensated value will not affect eligibility for Medicaid. H-210 Time Period for Transfer of CSRA to Community Spouse MS Manual 01/01/14 The IS will be encouraged to transfer the CSRA to the CS as soon as possible. He/she will be given a period of 12 months (from the date the notice of approval is completed) to transfer the property in the amount of the CSRA to the CS. If the transfer has not been made by the end of the 12 month period, the case will be closed, and the IS will not be eligible in the 13thmonth. No penalty will be applied, i.e., no overpayment will be written if the CSRA transfer was not made.