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534 (07/2026) Chapter 2:Eligibility • Section 10: Long-Term Care (LTC) services
For an individual who is already receiving ODHS|OHA-paid LTC services, the disqualification begins the first day after ODHS|OHA learns of the asset transfer in which the timely continuing benefit decision notice period ends.
For a new applicant who transfers an asset prior to submitting an application and for an individual who transfers an asset while already receiving benefits in a standard living arrangement, the disqualification begins the later of the following dates: » The date of request for LTC services as long as the individual would otherwise be eligible but for this disqualification period (this includes the determination of service eligibility through CA/PS), » If the individual is not otherwise eligible on the date of request, the first date following the date of request that the individual would otherwise be eligible but for the disqualification period, or » The first day after ODHS|OHA learns of the transfer in which the timely benefits decision notice period ends. • If both spouses of a couple are in a nonstandard living arrangement and made the disqualifying transfer, part of the disqualification is apportioned to each of them.
If one member of the couple is serving a disqualification when the other member of the couple begins living in a nonstandard living arrangement, any remaining disqualification is apportioned equally to each member of the couple.
If one spouse is unable to serve the resulting disqualification period, for any reason, the remaining disqualification applicable to both spouses must be served by the remaining spouse. Note: The DQ period cannot begin until the expiration of any existing period of ineligibility. For an annuity that is a disqualifying transfer, the disqualification period is calculated based on the total balance of the payments owing to the annuitant, unless the only requirement that is not met is that the annuity pays beyond the actuarial life expectancy of the annuitant. If the annuity pays beyond the actuarial life expectancy of the annuitant, the disqualification is calculated as outlined below. If an individual or the spouse of an individual purchases an annuity on or before December 31, 2005, and the annuity pays benefits beyond the actuarial life expectancy of the annuitant, as determined by the life expectancy tables in Treatment of annuities, a disqualification period is assessed for the value of the annuity beyond the actuarial life expectancy of the annuitant. A single transfer of an asset may cause a disqualification for both a medical assistance program and the SSI cash grant. The period of the disqualification is likely to be longer for SSI than for the medical assistance program, so a person may be eligible again for the medical assistance program while still disqualified from receiving SSI. The provisions of this rule are applied without regard to the related disqualification for SSI. Ending the disqualification The disqualification ends if the transfer that caused the disqualification is rescinded. The duration of the disqualification is recalculated if the terms of the transfer are modified. ODHS|OHA may waive the disqualification if the disqualification would create an undue hardship on the individual.