Determining if a Transfer of an Asset is Disqualifying

A transfer of an asset is not disqualifying if the requirements of OAR 461-140-0242 or one of the following sections are met:

(1) The asset was excluded as personal belongings as described in OAR 461-145-0390.

(2) The asset was sold or traded for compensation equal to or greater than fair market value.

(3) The transfer settled a legally enforceable claim against the asset or individual.

(4) The amount of the resource was equal to or less than the amount that was excluded at the initial month

(see OAR 461-001-0000) of eligibility under OAR 461-160-0855 due to payments received under a qualified partnership policy

(see OAR 461-001-0000).

(5) Except for individuals applying for or receiving Department-based nursing facility services or home and community-based care

(see OAR 461-001-0030), one of the following is true: