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West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 39 Chapter 24 Long Term Care

24.8.1.E Additional Asset Exclusions for Institutionalized Spouses The institutionalized individual is eligible for Medicaid regardless of having assets over the allowable limit, if he is legally prevented from transferring the assets, which would otherwise make him ineligible, to the community spouse. Certain asset-related denials of long term care (LTC) Services are subject to waiver due to the Undue Hardship Provision. Certain individuals who meet the gross income test but are ineligible for Medicaid due to being over the allowable asset limit, may be eligible for the LTCIP Asset Disregard. 24.8.1.F Transfers of Assets to the Community Spouse Once initial eligibility has been established, assets that were not counted for the institutionalized spouse must be legally transferred to the community spouse. Assets cannot merely be attributed to the community spouse, but must actually be transferred to the community spouse if they are to be excluded in determining continuing Medicaid eligibility of the institutionalized spouse. Assets legally transferred to the community spouse based on the Asset Assessment are allowable transfers of resources. To exclude assets attributed to the community spouse, the institutionalized spouse must indicate his intent to transfer the assets to the community spouse, and the transfer must take place within 90 days, unless a longer period is required to take the action. Once Medicaid eligibility is established, the assets of the community spouse based on the Asset Assessment are not counted for the institutionalized spouse. In addition, when assets such as the home and attributed assets legally transferred to the community spouse are subsequently transferred by the community spouse, no penalty is applied to the institutionalized spouse. 24.8.1.G Additional Asset(s) Received/Obtained When the institutionalized spouse obtains an additional asset(s) after the community spouse’s share has been calculated and initial Medicaid eligibility is established, the additional asset(s) is excluded when one of the following conditions exist: