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UNOFFICIAL 1725.1-33 (c) The assets retained by the community spouse, as allowed by subsection (a), shall not jeopardize the eligibility of the institutionalized individual. After the initial eligibility of the institutionalized individual is established, any assets of the community spouse, which do not include the institutionalized individual as a co-owner, shall not be considered during the continuous period of both eligibility and institutionalization of the institutionalized individual. (d) The post-eligibility interspousal transfer of assets shall be allowed for the legal transfer of assets from the institutionalized individual to the community spouse. After a protected period of ninety days from the date eligibility is determined, which may be extended if there are legal reasons or extenuating circumstances that delay such a transfer,any assets still legally available to the institutionalized individual shall be considered in the determination of continued eligibility of the institutionalized individual. (e) The provisions of subsections (a) through (d) apply to an institutionalized individual who qualifies for long-term care services. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R §431.10, 435.217; 42 U.S.C. §§1315, 1396r-5) (Imp: HRS §346- 29; 42 C.F.R. §435.217; 42 U.S.C. §§1315, 1396r-5)

§17-1725.1-51 Penalty period for the transfer of an asset for less than fair market value. (a) An individual who requests medical assistance for coverage of long-term care services shall be assessed a penalty period for coverage of these services if the individual or the individual’s spouse, transferred an asset for less than fair market value within the applicable look-back period. The length of the look- back period shall be sixty months for an asset transferred on or after February 8, 2006.