Page 194

CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

194 future necessity of such care could have been absolutely precluded because of the particular circumstances. ii) In any case where: 1) the transfer was made on behalf of the individual or the individual's spouse; 2) the transfer was made by: a) the individual or individual’s spouse b) a guardian, c) a conservator, or d) agent under a power of attorney; and 3) the transfer was made to: a) anyone related to the individual or individual’s spouse by birth, adoption or marriage, other than between the individual and the individual’s spouse; or to b) anyone related to the guardian, conservator, or agent under a power of attorney by birth, adoption or marriage. d. Convincing evidence may include, but is not limited to, verification which establishes: i) That at the time of the transfer the individual could not have anticipated needing long term Medical Assistance due to the existence of other circumstances which would have precluded the need. ii) Other assets were available at the time of the transfer to meet current and future needs of the individual, including the cost of Long-Term Care institution or other institutionalized care for a period of sixty (60) months.

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Page 194

Official source

CODE OF COLORADO REGULATIONS 10 CCR 2505-10 8.100 Medical Services Board

194 future necessity of such care could have been absolutely precluded because of the particular circumstances. ii) In any case where: 1) the transfer was made on behalf of the individual or the individual's spouse; 2) the transfer was made by: a) the individual or individual’s spouse b) a guardian, c) a conservator, or d) agent under a power of attorney; and 3) the transfer was made to: a) anyone related to the individual or individual’s spouse by birth, adoption or marriage, other than between the individual and the individual’s spouse; or to b) anyone related to the guardian, conservator, or agent under a power of attorney by birth, adoption or marriage. d. Convincing evidence may include, but is not limited to, verification which establishes: i) That at the time of the transfer the individual could not have anticipated needing long term Medical Assistance due to the existence of other circumstances which would have precluded the need. ii) Other assets were available at the time of the transfer to meet current and future needs of the individual, including the cost of Long-Term Care institution or other institutionalized care for a period of sixty (60) months.