003.04(A) ELIGIBILITY IN A PRIVATE INSTITUTION OR HOME.

In determining the Medicaid eligibility of a person living in a private institution or home, it is necessary to determine if the person has entered into any agreement with the institution to receive shelter and care in return for a transfer of property, insurance, or other assets. It is also necessary to determine what the institution is able to furnish its residents from its own resources. The individual may be eligible to receive Medicaid if residing in a facility if the terms of the individual’s stay do not in any way restrict the use of personal assets or income and if the individual has a medical need.