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Medical Services Policy Manual, Section H

H 313 Factors Which Indicate Transfer Exclusively for Some Other Purpose H-300 Transfer of Resources

The individual will be required to submit any pertinent documentary evidence (e.g., legal documents, realtor agreements, relevant correspondence, etc.). The individual’s statement of purpose for transfer of the resources and any documentary evidence provided will be evaluated to determine if the transfer was exclusively for some purpose other than establishing Medicaid eligibility. Refer to MS H-313 for factors which indicate the transfer was for a purpose other than to establish Medicaid eligibility. H-313 Factors Which Indicate Transfer Exclusively for Some Other Purpose MS Manual 01/01/19 The presence of one or more of the following factors may indicate that resources were transferred exclusively for some purpose other than establishing eligibility: 1. The occurrence after transfer of the resource of: a. Unexpected (traumatic) onset of disability; or b. Unexpected loss ofother resources which would have precluded eligibility at the time the resource was transferred; or c. Unexpected loss of income which would have precluded eligibility at the time the resource was transferred. 2. The resource (if retained) would not have caused total resources to exceed the resource limit at the time of transfer. 3. The transfer was court ordered for the purpose of satisfying an obligation in existence at the time of that transfer. If the individual indicates that he had another purpose for transferring the resource but protection of the resource against use for medical or nursing home expenses was a factor in transferring it, the presumption that it was transferred to establish eligibility is not rebutted. H-314 Apportionment of Penalty for Spouses MS Manual 01/01/19 If the Institutionalized Spouse (IS) is serving a penalty period due to a transfer of resources for less than fair market value, the penalty period will be apportioned between spouses if the Community Spouse (CS) otherwise becomes eligible for medical assistance. If a penalty has been apportioned between two institutionalized spouses and one spouse dies, the penalty period for the surviving spouse will be extended by the appropriate amount.