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Medical Services Policy Manual, Section H

H-300 Transfer of Resources

H 301 Transfer of Resources Definition

H-300 Transfer of Resources MS Manual 01/01/19 Transfer of resources applies to nursing facility, Home and Community Based Waivers (HCBS) including DDS and PACE (LTC) cases. Exception to PACE: The transfer of resources policy (Re. MS H-308) will be reviewed with the PACE applicant at the time he or she enters the program. Transfer of resource provisions will apply only if the PACE participant enters a nursing facility. If assets have been transferred during the look back period from the time of entry into the nursing facility, a period of ineligibility for PACE services will be imposed for uncompensated value based on the current divisor. The look back period will begin with the date of entry to the facility, MS H-302. It will be necessary for the PACE recipient to drop out of the PACE program when he or she enters a nursing facility when under a penalty for non-compensated transfer. When the penalty period ends, the individual may be considered for readmission to the PACE program. The transfer of resources penalty does not apply to PACE individuals in the community. H-301 Transfer of Resources Definition MS Manual 01/01/19 A transfer of a resource occurs when an individual, the individual’s spouse or an Authorized Representative of either of them gives away or sells property that belongs to the individual or spouse. Valid transfers of resource ownership may occur through any of the following types of transactions: • Sale of property; • Trade or exchange of one property for another; • Spend-down of cash; • Giving away cash; • The establishment of or placement into a trust; • Transferring any financial instrument (e.g., stocks, bonds); or • Giving away property (including adding another person's name as an owner of the property).