Page 31

a/b, or the a/b’s spouse, and

(2) The amount of assets being transferred by the a/b, or the a/b’s spouse to the provider of the services.

2. If the amount of assets transferred in return for the services is greater than the current market value of the services that can be expected to be received by the a/b, or the a/b’s spouse under the terms of the contract, the a/b or the a/b’s spouse will be considered to have transferred the asset for less than current market value. a. The uncompensated amount is the value of the transferred assets that exceeds the value of the services expected to be provided under the contract.

b. Establish current market value of the services expected by obtaining a written statement from an area business which provides such services.

c. If the services cannot be purchased on the open market or a business that provides the service cannot be located, use the state minimum wage amount.

3. The a/b must present a detailed statement to the local agency from the provider with the amount and type of services that were received:

a. At application or request for institutional services, local agencies should request a detailed statement from the date the contract was signed to present. b. At recertification, local agencies should request a detailed statement for the past 12 months. c. Termination of the contract or failure to receive the services at the frequency and value specified in the contract constitutes an uncompensated transfer. The uncompensated amount is the amount paid which exceeds the current market value of the services received.

4. If the a/b, or the a/b’s spouse who has a personal services contract is admitted to a nursing facility or ICF/IID:

a. From that date forward any contract or the remainder of an existing contract is considered a transfer of assets for less than current market value.

b. The uncompensated amount is the amount paid which exceeds the current market value of the services received.

5. 1 through 4 does not pertain to Continuing Care Retirement Communities (CCRC) that provides a continuum of care under a contract. See MA-2230, Financial Resources, X.Q. for policy concerning a CCRC.

I. Transfers for "Love and Consideration"

1. Evaluate for transfer of assets when an a/b gives cash, or other applicable assets to a family member, relative, or friend for care or services that were provided for free in the past.

Page 31

Official source

a/b, or the a/b’s spouse, and

(2) The amount of assets being transferred by the a/b, or the a/b’s spouse to the provider of the services.

b. Establish current market value of the services expected by obtaining a written statement from an area business which provides such services.

c. If the services cannot be purchased on the open market or a business that provides the service cannot be located, use the state minimum wage amount.

3. The a/b must present a detailed statement to the local agency from the provider with the amount and type of services that were received:

4. If the a/b, or the a/b’s spouse who has a personal services contract is admitted to a nursing facility or ICF/IID:

a. From that date forward any contract or the remainder of an existing contract is considered a transfer of assets for less than current market value.

b. The uncompensated amount is the amount paid which exceeds the current market value of the services received.

I. Transfers for "Love and Consideration"

1. Evaluate for transfer of assets when an a/b gives cash, or other applicable assets to a family member, relative, or friend for care or services that were provided for free in the past.