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Medicaid Eligibility Manual Eligibility Factors

Reissued March 18, 2025 Replacing March 5, 2024 Page 6 of I-1660 Revised/added text indicated by underscore Deleted text indicated by “”

Obtain the signatures of both members of the couple acknowledging that they have been informed of their right to transfer allocated resources to the community spouse without penalty until the first renewal.

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The institutionalized spouse may remain eligible under the allocation of resources provisions until the first renewal to allow reasonable time for the couple to complete the actual transfer of assets to the community spouse. Couples should be encouraged to effect such transfer at the earliest possible date. Documentation of the transfer of assets to the community spouse shall be maintained in the case record.

Allocated resources transferred to the community spouse are not subject to the Transfer of Assets provisions.

Amounts in excess of the allocated resource transferred to the community spouse by the institutionalized spouse or by the community spouse themselves shall be considered under the transfer provisions.

Prior to any actual transfer, inform the couple that resources transferred to the community spouse will make at least one spouse ineligible for Medicaid if the community spouse applies for assistance.

Note: If ineligibility is established based on income information on the application form:

● Complete the assessment, and

● Advise the couple that even if the resources are spent they are currently ineligible based on income. There are no provisions for disposing of income to become eligible.

Determine total countable resources within 45 days of the request for assessment. The determination shall be made within 10 days of receipt of the requested documentation or verification, if the assessment is delayed beyond 45 days because of:

● Non-receipt of documentation, or