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MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD Division of Welfare and Supportive Services E-410 Medical Assistance Manual RESOURCES 24 Sept MTL 04/24 TYPES OF RESOURCES (not all inclusive) PERSONAL CARE AND HOME CARE CONTRACT AGREEMENTS (Cont’d) RESOURCE TYPE

DESCRIPTION

PERSONAL CARE AND HOME CARE CONTRACT AGREEMENTS

1. Personal Property

3. Conditional Exclusion

When assistance and/or services are provided to the applicant/recipient, regardless of whether it is by a relative or non-relative, compensation for past assistance and/or services will be considered a transfer for less than fair market value. If the transfer of assets is rebutted, the fair market value of the assistance and/or services may be determined by consulting with area businesses that provide such services.

A contract that provides advance payment for expenses, including but not limited to, repairs, maintenance, property taxes, homeowner’s insurance, heat and utilities for real property/homestead, or for services like health care monitoring, hospitalization, medical treatment, visitation, entertainment, travel and/or transportation, financial management or shopping, etc., will be considered a transfer of assets. All payments for care and services which were made during the look-back period are considered transfer of assets. Contracts/agreements that involve the provision of companionship are prohibited.

All contracts/agreements and payments related to Personal Care and Home Care, whether between an applicant/recipient and a relative or a non-relative, must be evaluated for transfer of assets.

Personal Care and Home Care contracts/agreements are considered transfers for less than fair market value unless the agreement meets all of the following criteria:

• The services must be performed after a written legal contract/agreement has been executed between the applicant/recipient and the provider. The contract/agreement must be dated, and the signatures must be notarized. Payment for the services must not be made until the services have been provided (there can be no advance payment for future expenses or services); and