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F-415.3 Division of Welfare and Supportive Services

TRANSFER OF ASSETS Medical Assistance Manual

PERSONAL CARE AND HOME CARE AGREEMENTS 23 Oct 01 MTL 04/23

b. At the time the services are received, the applicant/recipient cannot be residing in a nursing facility, adult foster care home (licensed or unlicensed), institution for mental diseases, inpatient hospital, intermediate care facility for individuals with intellectual disabilities, or be eligible for home and community-based waiver, home health or home help; and

c. At the time services are received, the services must have been recommended in writing and signed by the applicant/recipient’s physician as necessary to prevent the transfer of the applicant/recipient to a residential care or nursing facility. Such services cannot include the provision of companionship; and

d. The contract/agreement must be signed by the applicant/recipient or legally authorized representative, such as an agent under a power of attorney, guardian, or conservator. If the agreement is signed by a representative, that representative cannot be the provider or beneficiary of the contract/agreement.

Assets transferred to another person in exchange for a contract/agreement related to personal services/assistance and/or payment for real property/homestead expenses after the date of application are considered available and countable assets until actually disposed of.

Field staff will forward the Personal Care or Home Care Agreement/Contract and itemized billing to the chief of Eligibility & Payments at Carson City Administrative Office, where DWSS will verify the contract/agreement by reviewing the written contract/agreement between the applicant/recipient and the provider which must show the type, frequency, and duration of such services being provided to the applicant/recipient and the amount of consideration (money or property) being received by the provider. Itemized billing for services not paid for in advance must accompany the contract/agreement verifying the type, frequency and duration of services provided and the type and amount of assets(s) being exchanged, including when such assets were exchanged. Once evaluated, a memo will be sent from the Chief of Eligibility & Payments to the field staff who will then determine the amount of penalty prior to processing the application.