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527 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services assessment) must comply with the sole benefit requirement of OAR 461-140-0242(2)(b) or be reviewed as being a potentially disqualifying transfer. For individuals with a court ordered CSRA, ODHS|OHA may waive the requirement for income to be considered first if ODHS|OHA determines that the resulting CSRA would create an undue hardship on the spouse of the individual. These requests should be submitted to the APD Medicaid policy email. Note: Excluded assets are not required to be transferred to the community spouse. Note: For a single or married individual who needs to spend resources in order to meet the OSIPM resource limit, be sure to advise that resources must be spent on items worth fair market value. If resources are gifted or transferred for less than fair market value, the individual may be disqualified from receiving long-term care services. Purchase of gift cards or certificates cannot meet the spend-down requirement because it is simply an exchange for a cash equivalent and is not considered spending the resource. When an individual or spouse purchases an annuity in order to spend down excess resources to meet the resource limit, the date the resources are considered spent is the date the annuity issuer accepts payment and issues the annuity. Click here for more information on treatment of annuities. Click here for examples: Resources. Oregon Administrative Rule(s) 461-175-0225 — Notice Situation; Institution/Income and Resource Allowances 461-160-0580 — Excluded Resource; Community Spouse Provision (OSIPM except OSIPM-EPD) Disqualifying transfer of assets Transfers of assets must be evaluated on a case-by-case basis. The decision about whether a disqualification results will depend on the unique facts surrounding each case. Individuals in standard living arrangements are not disqualified for transfers of assets. However, if a disqualifying transfer is within the look-back period when the individual later applies for services, the individual must be disqualified at that time even if the asset was transferred before there was a service need. “Assets” mean any income or resources of the individual and their spouse. This includes income or resources to which the individual or spouse are entitled but they do not receive because of any action taken by: • The individual or spouse • A person, including a court or administrative body, with legal authority to act in place of or on behalf of the individual or their spouse. • Any person, including a court or administrative body, acting at the direction or upon the request of the individual or their spouse. An individual receiving SSI or deemed to be eligible for SSI in a nonstandard living arrangement who would otherwise be ineligible for OSIPM due to a disqualifying transfer of assets is not eligible for LTC services. The