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lookback date and ends with the starting point. The lookback period is 60 months prior to the starting point.
Rebuttal – The process by which an a/b, the a/b’s spouse or legal representative proves through a greater weight of evidence factors that eliminate or decrease a sanction period. Remainder Beneficiary-The person(s) entitled to an annuity’s principal, possibly including income that has been accumulated and added to principal, after the death of the annuitant. Revocable Trust- A living trust that outlines the assets the individual wants to give a beneficiary and how the assets will be distributed. Revocable trusts often name the grantor as the trustee, allowing for full control of the trust. Sanction Period - The period of time in which an a/b is ineligible for Medicaid payment of institutional services and in-home health services. The sanction period is also referred to as a penalty period.
Starting Point- The point in time determined to begin establishing a lookback date for transfer of assets review when an a/b has been admitted to a NF or ICF/IID or requested CAP or PACE services.
Transfer - To change ownership or title from one person(s) to another. A transfer also occurs when an individual takes action to waive or renounce assets or an inheritance to which they are entitled or when an individual takes any action that eliminates their ownership or reduces their control of an asset. For example, changing fee simple property to tenancy-in-common property or adding an additional owner to a savings account is considered a transfer.
Uncompensated Value - The difference between the market value less any encumbrance (the equity) of the asset at the time of the transfer and any payment or compensation received. The uncompensated value is the amount upon which the sanction is based.
Undue Hardship – The application of the sanction period would deprive the individual of medical care, such that the individual’s health or life would be endangered, or of food, clothing, shelter, or other necessities of life.