Page 11

Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued October 21, 2025 Page 11 of I-1670 Replacing January 27, 2025 Revised/added text indicated by underscore Deleted text indicated by “**” community.

If payments are made for compensated services or assistance, but the payments exceed the usual and customary charges for the services or assistance, then the amount of the payment is a transfer without compensation.

The services and assistance must be provided within thirty days from the date of payment. Pre-payment for services or assistance not yet rendered, and that cannot be provided within 30 days, is a transfer without compensation.

The Personal Care Agreement ceases upon the death of the applicant/beneficiary or upon admission to a nursing facility.

Note: Relatives and family members can legitimately be paid for care they provide; however, it is presumed that services provided for free at the time were intended to be provided without compensation. Therefore, any payment to a relative for care provided for free in the past is a transfer of assets for less than fair market value.

I-1674 EXCEPTIONS TO APPLICATION OF TRANSFER OF ASSET PENALTIES

1. The transferred asset is the individual's home and the title to the home is transferred to the individual's: • Spouse,

• Child who is: o Under age 21, or o Meets the definition of Blindness or disability, as defined by SSI, at the time of the transfer. If there is no disability determination at the time of the transfer, obtain an MEDT decision. The age at onset of disability is not a factor. Refer to G-1600 Securing Disability Decisions for Non- MAGI Categories

• Sibling who has: o An equity interest in the home, and o Been residing in the home for a period of at least one