5331.4 Institutional Living

Official source

For persons who enter institutional living arrangements (whether or not the facility is Medicaid approved) for other than a planned brief stay or who will receive HCBS care outside of the home, the home shall retain its exempt status if:

a spouse or other legal dependent continues to live in the home; or

a dependent member of the immediate family continues to live in the home. Dependency may be of any kind (e.g., financial, medical, etc.) The client's or dependent member's allegation shall be accepted without challenge unless there is reason to question it.

For purposes of this provision, the immediate family shall include the individual's children, grandchildren, stepchildren, in-laws, parents, stepparents, grandparents, aunts, uncles, siblings, step-siblings, half-siblings, nieces, nephews, and cousins of any degree.

If none of the above conditions exist and the client does not intend to return home (see 5331.2 ), the home will retain its exempt status for three months beginning with the month the client enters the institution or HCBS arrangement. See 8110 for the definition of institution. At the end of that time, the home must be considered in determining eligibility unless the client begins to make a bona fide effort to dispose of the property. This would also be applicable in instances in which home ownership is transferred as described earlier.

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5331.4 Institutional Living

Official source

For persons who enter institutional living arrangements (whether or not the facility is Medicaid approved) for other than a planned brief stay or who will receive HCBS care outside of the home, the home shall retain its exempt status if:

a spouse or other legal dependent continues to live in the home; or

a dependent member of the immediate family continues to live in the home. Dependency may be of any kind (e.g., financial, medical, etc.) The client's or dependent member's allegation shall be accepted without challenge unless there is reason to question it.

For purposes of this provision, the immediate family shall include the individual's children, grandchildren, stepchildren, in-laws, parents, stepparents, grandparents, aunts, uncles, siblings, step-siblings, half-siblings, nieces, nephews, and cousins of any degree.

If none of the above conditions exist and the client does not intend to return home (see 5331.2 ), the home will retain its exempt status for three months beginning with the month the client enters the institution or HCBS arrangement. See 8110 for the definition of institution. At the end of that time, the home must be considered in determining eligibility unless the client begins to make a bona fide effort to dispose of the property. This would also be applicable in instances in which home ownership is transferred as described earlier.