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Chapter: 1600 Assets Program: MSSI, SFP 47

At application, when an individual indicates ownership interest in an annuity, request a copy of the annuity contract and evaluate the annuity using the Evaluating Annuities job aid (Appendix A- 34) to determine if the annuity will be subject to transfer of asset provisions. For annuities that name AHCA as beneficiary, send a copy of CF-ES 2355, Letter to Annuity Issuers (along with a copy of the contract) to the annuity company. At each annual review, send form CF-ES 2355 to the annuity issuer to solicit information about any changes that might have occurred during the year. Any time an issuer reports a change to the individual’s (or spouse’s) annuity, evaluate the change to determine if it subjects the annuity to transfer of asset provisions.

AHCA Notification The Agency for Health Care Administration must be notified of annuities that name the state as beneficiary. Using Form CF-ES 2356, eligibility staff must forward to the AHCA Third Party Liability (TPL) vendor a copy of each annuity that names the state as beneficiary.

When eligibility staff becomes aware of the death of an individual whose annuity was forwarded to the AHCA TPL vendor, eligibility staff must notify the TPL vendor of the individual’s death to assist them in collecting beneficiary proceeds from the annuity. 1640.0609.04 Allowable Transfers - Homestead Property (MSSI) The transfer of a homestead is considered allowable if the individual transfers his home to his spouse or any of the following relatives:

1. His legal spouse

2. A child under 21

3. A blind or permanently disabled adult child (Receipt of SSI or Title II Social Security disability is acceptable proof of disability. Otherwise a disability decision must be obtained in all situations, including adult children over 65. These policies apply to all blind/disabled adult children.);

4. A sibling of the individual who has an equity interest in the home and was residing in the home for at least one year immediately before the individual became institutionalized (the eligibility specialist must accept the sibling’s statement unless there is reason to question); or

5. An adult son or daughter of the individual who was residing in the home for at least two years immediately before the date the individual became institutionalized and who provided care to the individual that delayed the individual’s institutionalization (the eligibility specialist must accept the son/daughter’s statement unless there is reason to question).

If the home is transferred to any individual not listed above, the transfer of assets policy is developed. The individual must be given the opportunity to rebut and gather data on the compensation received from the transfer. 1640.0609.05 Allowable Transfers (MSSI) The following transfers are considered "allowable" and no period of ineligibility will be imposed:

1. Transfers by individuals who are not applying for or receiving ICP, institutionalized MEDS-AD, institutionalized Hospice, HCBS, or PACE;

2. Transfers of assets which are excluded because they are not marketable;

3. Transfers of life estate in property previously owned by the individual;