Page 12
12
1. Before the end of the protection period, the beneficiary or the beneficiary's representative must provide verification that ownership of an amount of assets equal to the CSRA were transferred from the a/b’s name (or both names) to the name of the community spouse only.
a. In order to remain eligible, assets in the name of the a/b must be reduced to the reserve limit for one.
b. Any countable assets remaining in the beneficiary's name at the end of the protection period are countable to the beneficiary.
2. Either spouse may transfer any amount of resources at any time to the other spouse without penalty.
3. Propose termination following timely notice requirements if:
a. Verification has not been provided by the end of the protection period that the protected amount has been transferred;
AND/OR
b. Countable assets remaining in the beneficiary's name exceed the reserve limit for 1.
4. Administratively reopen a terminated case and redetermine ongoing eligibility if the beneficiary later provides verification that assets were transferred prior to the end of the protection period.
III. CHANGES AFFECTING SPOUSAL RESOURCE PROTECTION
A. Community Spouse Begins Continuous Period of Institutionalization
Starting with the month the CPI of the former community spouse begins:
1. Assets held solely in the name of the newly institutionalized individual are countable in the determination of their reserve eligibility.
2. Assets still held in the name of the first spouse to be institutionalized are available to that individual regardless of any portion which was part of the original CSRA for the former community spouse.
3. Availability of assets held jointly by the couple must be evaluated as assets held jointly with a non-budget unit member beneficiary, unless they are in the same LTC room. Look for rules in section I.F.1.b. and 4.c. B. Community Spouse Dies