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4. Purchase of an annuity, 5. If an a/b or their spouse waives the right to an income, benefit, or asset, evaluate for a transfer.

Refer to VII, VIII, IX, and X policy below for specific criteria to determine if a transfer occurred.

D. Documentation of Explanation to the A/b

1. Document the explanation of transfers of assets rules to the a/b when: a. Assistance with nursing home cost of care, CAP, or PACE is requested

b. A transfer is reported

c. When explaining right to a rebuttal/undue hardship

2. Document all the following when explaining:

a. How the sanction is calculated

b. Exceptions to the sanction

c. How to lift or reduce the sanction period

d. In-home health services and supplies will be sanctioned if the a/b is no longer eligible for institutional services and the sanction period has not expired.

IV. LOOKBACK DATE AND LOOKBACK PERIOD

When evaluating for transfer of assets, a caseworker must determine the starting point, lookback date, and lookback period. Once the lookback date is established, all transfers on or after this date are reviewed.

A. Important dates

1. The starting point marks the point in time from which the local agency must look back to determine if any transfers were made. The starting point also establishes a point that all transfers going forward are reviewed. 2. The lookback date is the earliest point in time on or after which all transfers of assets are reviewed for an a/b requesting or receiving institutional services, CAP, or PACE.

3. The lookback period is the period that begins with the lookback date and ends with the starting point.

B. Establishing the Starting Point for Determining the Lookback Date