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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 63 Chapter 24 Long Term Care
$5,000 was a permissible transfer of resources for payment of personal care services and no penalty is applied. Personal Care When in Facility Example: Since June 2015, Mr. Sage had a PCC in place that meets all of DOHS’s requirements. On April 1, 2016, he is admitted to a LTC facility with all personal care services provided. Any transfer of resources to pay for personal care services rendered after April 1, 2016 would be subject to a transfer penalty. Payment for Future Services Example: Mrs. Lily has a compliant PCC with payments stipulated to occur at the end of the month after personal care services are rendered. On February 27, 2016, Mrs. Lilly transferred $3,000 to her daughter for payment for services at $1,000 per month for January through March 2016. Since payment for March is for projected services, $1,000 of the payment is subject to a transfer penalty. PCC while in Temporary Placement Example: Mrs. Hydrangea has a compliant PCC in place but is admitted to a LTC facility on a temporary basis for special treatment. The PCC remains in place; however, from the date of her admission, since personal care services are provided by the facility staff, only transportation to the facility is a service for which she can pay her caregiver if transportation is included in the terms of her PCC. 24.8.2.G Purchase of a Promissory Note, Loan, or Mortgage Any purchase of a note, or any loan or mortgage is treated as an uncompensated transfer unless all of the following criteria are met: • The repayment terms must be actuarially sound, based on the Period Life Table found in Appendix D; • Payments must include the institutionalized spouse/individual in equal amounts during the term of the loan, with no payment deferrals or balloon payments; and, • The note, loan or mortgage must prohibit cancellation of the debt upon the death of the lender. If all of the criteria listed above are not met, the loan is treated as a transfer of resources. The amount of the transfer is the entire outstanding balance due on the loan as of the month of application for Medicaid LTC services. See Section 5.5 to determine if the loan, mortgage/land sale contract, or promissory note is an asset.