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Aged, Blind and Disabled Manual Policy Manual Number: 110.052 Section: Financial Eligibility Requirements Chapter: ABD Conditional Assistance
November 1, 2016 TennCare 3 The individual is required to sell all parcels of real property within one conditional assistance period. When eligibility is terminated, a new conditional benefits period is required. 6. Reasonable Efforts to Sell Reasonable efforts to sell resources consist of taking all necessary steps to sell in the geographic area where the resource is located. Within thirty (30) days of signing a conditional assistance agreement, the individual must: 1. List the property with an agent; or 2. All of the following: begin continuously advertising in at least one of the appropriate local media; place a “For Sale” sign on the property in clear public view; begin conducting “open houses” or otherwise show the property to interested parties on a continuous basis; AND attempt any other methods of sale. An individual who enters into a conditional assistance agreement must provide verification that she is making reasonable efforts to sell the property. Verification may include, but is not limited to: copy of contract with real estate agent; collateral contact; or copy of property advertisement in local media. Efforts to sell should not have gaps of more than one week. The individual may not reject any reasonable offers on the property. An offer for real property is assumed to be reasonable if it is at least two-thirds of CMV. The individual has the burden of proving that rejected offers over two- thirds of CMV are not reasonable. 7. Property Not Sold During Conditional Assistance Period If property under a conditional assistance agreement is not sold during the conditional assistance period, the property will become an inaccessible resource at the end of the conditional assistance period. An individual may receive one period of conditional assistance during the eligibility period. If the property is sold after the period of conditional assistance is over, Medicaid costs paid during the conditional assistance period will be recouped from the proceeds of the sale up to the total amount received from the sale. Any remainder will be subject to review of resource eligibility limits. Additionally, the sale will be reviewed under transfer of assets policy. See the Transfer of Assets and Penalty Periods policy. 8. Procedure Conditional assistance is not provided automatically if an individual is over the resource limit. An Eligibility Specialist must manually review the case to determine if an offer of conditional assistance can be made. Follow the steps below to determine whether an offer of conditional assistance is permissible: i. A completed application for TennCare Medicaid is submitted. Required verification is provided.