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UNOFFICIAL 1725.1-35 is countable in determining Medicaid eligibility under chapter 17-1724.1. (f) The unpaid portion of long-term care expenses incurred during a penalty period shall not be deducted in post-eligibility as an incurred medical expense when a penalized individual becomes eligible for coverage of long-term care services. [Eff 09/30/13] (Auth: HRS §346-14; 42 C.F.R. §431.10; 42 U.S.C. §§1382b(a), (c) and (d), and 1396p(c)) (Imp: 42 U.S.C. §§1382b(a), (c) and (d), and 1396p(c))

§17-1725.1-52 Treatment of annuities. (a) An individual who requires coverage of long-term care services or their community spouse shall disclose whether or not the individual or their community spouse has any ownership interest in annuities at the time of application and at each subsequent redetermination of Medicaid eligibility. (1) An individual shall not be eligible for coverage of long-term care services if the institutionalized individual or their community spouse fails to disclose any interest in an annuity. (2) The disclosure shall be required regardless of whether the annuity is irrevocable or treated as an asset under this chapter. (b) The portion of the funds of an annuity purchased by the institutionalized individual or their community spouse prior to February 8, 2006, that is not actuarially sound and is payable beyond the life expectancy of the annuitant shall be considered transferred. (c) All funds used to purchase an annuity on or after February 8, 2006, by the institutionalized individual or their community spouse shall be considered transferred if the department is not named as a remainder beneficiary in the first position, or in a position behind the community spouse and the institutionalized individual’s minor child under the age of twenty-one years or who is blind or disabled,