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Division of Welfare and Supportive Services F-440.5 Medical Assistance Manual TRANSFER OF ASSETS 23 Oct 01 MTL 04/23 SITUATIONS UNDER WHICH TRANSFER OF ASSET PROVISIONS

1. The spouse of the applicant/recipient.

2. A child of the customer who is under 21, or over 21 and is blind or disabled.

3. A sibling of the applicant/recipient who has equity interest in the home and was residing in the home for at least one year immediately preceding the customer becoming institutionalized or receiving HCBW Services.

4. A son or daughter who does not meet "2" above, who resided in the home for at least two years immediately preceding the customer becoming institutionalized (including HCBW Services) and who (as determined by the state) provided care to the customer which permitted the customer to reside at home rather than in an institution or facility.

f. When the asset is transferred to the customer’s spouse or to their child who is blind or disabled.

g. Assets placed in an exempt trust for a disabled individual or assets placed in a trust which are used to benefit the disabled individual and the trust purchases items and services for the disabled individual at fair market value. An exempt trust is a "special needs" or a "pooled" trust as described in subsection Treatment of Trusts.

If 3 or 4 above applies, the case manager supervisor must sign off on the case prior to the case being approved.

F-445 DECISION

Forward Form 6009 with all attached documents to the Chief of Eligibility and Payments for cases requiring a decision from the Chief of Eligibility and Payments. A memo will be issued to the district office notifying them of the decision. If the decision is that no transfer occurred, the case can be approved/continued if all other eligibility factors are met. If the decision is that a transfer took place, the memo will identify the penalty period to be applied.