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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 61 Chapter 24 Long Term Care
Personal care services provided to an individual by a relative or friend are presumed to have been provided for free, at the time rendered, when a Personal Care Contract (PCC) did not exist. Therefore, a transfer of resources from an individual to a relative or friend for payment of personal care services is an uncompensated transfer without FMV received for the transferred resource and subject to a penalty, unless the services were provided in accordance with the requirements below. See Section 24.8.2.A.1 regarding FMV. 24.8.2.F.2 Permissible Transfer of Resources to Pay for Personal Care Services A transfer of resources by an individual to a relative or friend to pay for personal care services rendered may be a permissible transfer if the personal care services were performed through an eligible PCC, also known as a personal care agreement or personal service contract. The PCC must meet all of the following criteria. ➢ Requirements Regarding the Contract The following describes the requirements regarding the contract: • A PCC exists between the individual or his authorized representative and the caregiver. • The duration of the PCC is actuarially sound. • The terms of the PCC are in writing between the individual or his authorized representative and the caregiver. • The PCC is reviewed by the Worker for compliance; • The terms of the Contract include: 1. A detailed description of the services provided to the individual in the home; 2. The frequency and duration of the services provided. The services must be measurable and verifiable and the compensation to the caregiver paid at a reasonable amount of consideration, i.e., money or property. Payment must be clearly defined either as a set amount or an amount to be determined by an agreed-upon hourly rate that will be multiplied by the hours worked; and, NOTE: Reasonable payment is determined by comparing compensation paid by home care agencies, or other independent caregivers, for similar services in the same locale at the specific time period for which services were provided.