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528 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services individual can continue to receive OSIPM but is disqualified from receiving LTC services until the disqualification period has been served. The OHP 7210 provides individuals with information regarding the transfer of assets. The information should be reviewed with applicants during intake. When an individual or the individual’s spouse transfers assets within the look-back period and for less than fair market value for the purpose of maintaining or becoming eligible for Medicaid, a disqualification period is calculated for the need group. Facts that may affect the decision include, but are not limited to, the following: • The value of the asset transferred • The amount of compensation received • The date the asset was transferred in relation to the application date for medical benefits • The individual’s state of health and anticipated need for medical benefits at the time of the transfer • The documentary evidence or testimony provided by the individual or knowledgeable witnesses. If a transfer is made for less than fair market value and is not exempt from disqualification, there is a rebuttable presumption that the asset was transferred for the purpose of establishing or maintaining eligibility. To rebut the presumption, the individual must present evidence other than their own statement and must provide to ODHS|OHA the information it requests for the purpose of evaluating the purpose of the transfer. To meet the burden, it is sufficient for the individual to show one of the following: • The decision to make the transfer was not within the individual’s control, • At the time of transfer, the individual could not reasonably have anticipated applying for medical assistance, • Unexpected loss of assets or income occurred between the time of transfer and the application for medical assistance, or • Because of other, similarly convincing circumstances, it appears more likely than not that the transfer was not made, in whole or in part, for the purpose of establishing or maintaining eligibility for benefits. The fact that a recipient was already eligible for benefits is not sufficient to rebut the presumption because the asset may not always be excluded and if the individual had received full compensation for the asset, the compensation received would have been used to determine future eligibility. Note: As of July 1, 2026, actions taken to avoid receiving an asset an individual or their spouse is entitled to are considered a disqualifying transfer of assets. Actions that would cause assets to not be received include but are not limited to the following: • Irrevocably waiving pension income. • Waiving the right to receive an inheritance. • Failing to pursue an elective share as described in Oregon Revised Statutes (ORS) 114.600 to 114.725. • Not accepting or accessing injury settlements. • Refusal to take legal action to obtain a court-ordered payment that is not being paid, such as child support or alimony. • Refusal to pursue an equitable division of marital property during a proceeding of dissolution of marriage.