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Louisiana Medicaid Eligibility Manual Eligibility Factors

Reissued October 21, 2025 Page 2 of I-1670 Replacing January 27, 2025 Revised/added text indicated by underscore Deleted text indicated by “**”

All efforts to recover the transferred assets, or have the transferred asset returned, must be exhausted before undue hardship can be considered. In situations in which an individual alleges that assets were transferred without his/her consent, the individual is required to file a police report and pursue criminal charges against the accused. If Adult Protective Services (APS)/Elderly Protective Services (EPS) is investigating an allegation of exploitation or extortion of an individual’s assets, a police report is not necessary. Refer to H-860 Undue Hardship And Undue Hardship Exception.

Note: Refer to I-1660 Spousal Impoverishment Resource Provisions (LTC/HCBS), for transfers to a community spouse by an applicant/beneficiary who entered a facility on or after September 30, 1989.

I-1672 RESERVED

I-1673 WHAT IS A TRANSFER?

Transfers of asset ownership may occur through, but not limited to, any of the following types of transactions:

• Sale or purchase of personal/real property;

• Trade or exchange of one property for another; or

• Giving away property, cash, stocks, bonds, etc.

Obtain copies of available evidence of the alleged transaction. This includes items such as the bill of sale, act of donation, professional appraisals, bank statements, receipts for purchases, and/or signed statements from recipients of gifts.

When there is a transfer of assets made by the applicant or their spouse during or after the look-back period, if the information about the nature of the transfer is not available or the individual cannot provide documentation, obtain the individual's signed statement as to:

• The nature of the transfer (sold, given away, traded, exchanged for goods or services, etc.);