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532 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services Note: Use the following forms for transfers involving a caregiving child: • SDS 3306 Letter to Doctor regarding Long-Term Care Services • SDS 3307 Collateral Statement (best if completed by disinterested individuals who would not benefit from the transfer) • SDS 3308 Statement of Services Provided to Medicaid Applicants Note: An individual receiving Oregon Project Independence (OPI) benefits is not considered to be “in an institution or long-term care facility” for the purposes of this policy. Therefore, it is possible for the child to provide the necessary level of unpaid care along with the help of OPI paid caregivers during the 2 years that the individual resided at home prior to needing facility care. However, remember that the child must still have provided at least 20 hours per week of care and that the required level of care must have included provision of both ADL and IADL care each day. If the OPI care plan covered all or most of the individual’s needs, then the child does not qualify for the home transfer. Fair market value (FMV) Except as provided above for a home, an asset is considered to be transferred for fair market value if the following apply: • The compensation received for the asset is in a tangible form with intrinsic value. • ODHS|OHA presumes that services provided for free at the time were intended to be provided without compensation and that a transfer to an individual for services provided for free in the past is a disqualifying transfer of assets. This presumption is rebuttable with convincing evidence. This evidence must also show that there was an express agreement to provide services for compensation at the time the services were provided. • Compensation for services is valued at the average market rate at the time the services were provided, unless the express agreement provides a lower rate.
Examples of average market rate: » For LTC services, use a reasonable rate as requested by the individual or the appropriate Medicaid rate. » For other services, contact three local service providers to determine the average rate. If an asset is owned by more than one person, by joint tenancy, tenancy in common or similar arrangement, the share of asset owned by the individual is considered transferred when any action is taken either by the individual or any other person that reduces or eliminates the individual’s control or ownership in their share of the asset. Look-back period Transfers on or after July 1, 2006 A transfer of an asset may be disqualifying if the transfer occurs on or after the date that is 60 months prior to the date of request. Determining the uncompensated value of a transferred asset