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sources may be considered. Examples of other sources include but are not limited to bank records, medical records or oral or written statements from persons knowledgeable about the a/b’s or the a/b’s situation and the transfer of assets.

H. Personal Services and Continuing Care Contracts For personal services and continuing care contracts signed during the lookback, the following applies. Please note the agreed upon services may be provided by an agency, private caregiver, or family member. 1. Personal services and continuing care contracts are not asset transfers when the value of the transferred assets is an amount that is at least equal to the value of the services to be received, and all the following conditions are met.

a. A written contract between the a/b or the a/b’s spouse and the provider of the services is signed before services are delivered and payment made. The contract is dated and either party can terminate the contract; and

(1) The contract is signed by the a/b or the a/b’s spouse or a representative legally authorized through a power of attorney, general guardianship, or guardianship of the estate; and

(2) At the time the a/b or the a/b’s spouse receives services provided under the terms of a personal services contract, the a/b or the a/b’s spouse who is receiving the services is not residing in a nursing facility or intermediate care facility for individuals with intellectual disabilities (ICF/IID). b. However, the contract is a transfer of assets if:

(1) The a/b receives services under the terms of a personal services contract while they are residing in a nursing facility or ICF/IID or

(2) The a/b’s spouse receives services under the terms of a personal services contract while they are residing in a nursing facility or ICF/IID; and c. At the time the contract is signed:

(1) Services have been recommended in writing and signed by a physician as necessary to prevent the entry of the a/b, or the a/b’s spouse to a nursing facility or ICF-IID.

(2) Services may not include the providing of companionship, visits, or spiritual wellbeing; and d. The local agency verifies the agreement by reviewing the written contract between the a/b, or the a/b’s spouse, and the provider of the services.

The contract must include: (1) The type, frequency and duration of the services being provided to the