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Medical Services Policy Manual, Section H

H 317 Reacquisition of/or Additional Compensation Received on Resource Transfer at less than FMV H-300 Transfer of Resources

the client is now eligible for vendor payment, vendor payment will be approved beginning the month of reassessment. If the client is not currently receiving nursing facility or HCBS Medicaid but reapplies and is under a previously imposed penalty, the penalty period will be reassessed using the current divisor. If eligible, the nursing facility case will be approved with coverage not granted before April 1st or before the three-month retro period basedon the recent application, whichever is later. If eligible, the HCBS case will be approved with coverage not granted before April 1st or before the allowed Medicaid begin date in the appropriate HCBS policy in section MS C-200. H-317 Reacquisition of/or Additional Compensation Received on Resource Transfer at less than FMV MS Manual 01/01/14 Resources that are either returned directly to the client or used for the client’s care will reduce the penalty period. The eligibility worker must verify the value of resources that were either returned to the client or spent for the client’s care, and make a determination as to the extent the returned resources should reduce the penalty period. This determination will include ensuring that the returned resources were returned from the individual to whom they were originally transferred. If transferred resources are returned to the individual who transferred them, no penalty period will be imposed, i.e., the transfer will be considered as if it had never occurred. However, an individual who regains transferred resources may not be eligible for a period of time due to the value of the resources. If only a portion of the transferred resources are returned, a penalty period will be calculated based on the value of the resources not returned and will begin with the date of transfer of the first transferred resource not returned. The receipt of additional compensation for a resource which was transferred at less than fair market value reduces the consideration of uncompensated value for that resource by the amount of additional compensation received. The additional compensation received plus remaining uncompensatedvalue (if any) will be counted with the value of the other resources of the individual.