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North Carolina Department of Health and Human Services AGED, BLIND AND DISABLED MEDICAID MANUAL MA-2245
UNDUE HARDSHIP WAIVER FOR TRANSFER OF ASSETS
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ISSUED 11/01/07 – CHANGE NO. 24-07 (IV.C.)
4. In addition to a home as described in C.3. above, alternative assets means all assets of the a/r and the a/r’s spouse except:
a. A motor vehicle in which the a/r or the a/r’s spouse has an equity interest not exceeding $30,000, and
b. Personal property, and
c. A portion of the CSP’s community spouse resource allowance (CSRA) as determined in MA-2231, Community Spouse Resource Protection, but not more than 60% of the Maximum CSRA. To calculate this amount, compute the CSRA. Protect the CSRA up to 60% of the maximum CSRA.
Any assets of the CSP in excess of this amount may be a source to pay for long term care costs for the institutionalized spouse (ISP). Any CSP Resource Allowance below this amount is protected for the CSP.
EXAMPLES:
d. A couple had total assets of $200,000. One-half, $100,000 is assigned to the CSP as the Community Spouse Resource Allowance (CSRA) as determined in MA-2231, Community Spouse Resource Protection. This is greater than 60% of the Maximum CSRA ($60,984). When determining potential sources for payment of the ISP’s care in determining if undue hardship exists $60,984 is protected for the CSP. Any amount of the CSP’s assets in excess of $60,984 may be used to pay for the ISP’s care. ($100,000 minus $60,984 equals $39,016 available to pay for the ISP’s care.)
e. The couple had total assets of $50,000. Half, $25,000 is assigned to the CSP as the CSRA. This amount is less than 60% of the Maximum CSRA ($60,984). Therefore, the CSRA, $25,000, is protected for the CSP.
f. The couple had total assets of $300,000. Half, $150,000 exceeds the maximum CSRA. Therefore, the maximum CSRA, $101,640, is assigned to the CSP as the CSRA. When determining potential sources for payment of the ISP’s care in determining if undue hardship exists, protect 60% of the Maximum CSRA ($60,984) for the CSP. Any amount of the CSP’s assets in excess of that amount ($40,656) may be used for the ISP’s care.