003.02(D) INTERSPOUSAL TRANSFERS.

The IM-74 may be completed, and Medicaid eligibility determined before all resources have changed title to reflect the arrangement on the form. The ownership of all resources is verified again at the time of the institutionalized spouse’s first Medicaid renewal. If any necessary transfers have not been completed at that time, and the institutionalized spouse retains ownership in more than four thousand ($4,000) in resources, Medicaid must be closed due to excess resources. Transfer of resources between spouses is an exception to the deprivation of resource provisions unless the resources transferred from the institutionalized spouse would result in the community spouse having countable resources above the reserved amount. The amount transferred in excess of the community spouse’s reserved amount is counted as a deprivation of resources.