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West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 77 Chapter 24 Long Term Care

As long as the individual’s assets remain the same, the protection of the resources that resulted in the client’s eligibility continues throughout the client’s Medicaid periods of eligibility. See below for policies governing when the individual’s resources increase in value or he transfers a resource for less than the FMV. 24.8.5.F.2 Applying the Disregard at Redetermination The Worker must track the assets of the client, insurance payments made to or on the client’s behalf, and assets disregarded since the previous application. Medicaid eligibility is reevaluated when the client reports transferring a previously disregarded asset, obtaining an additional asset, or an asset increasing in value. A transfer of an asset that was previously disregarded is not subject to a transfer penalty. If the value of the client’s assets increase or the client obtains an additional countable asset that causes him to exceed the allowable asset amount, he will need to verify additional payments made on his behalf by the LTCIP Policy in addition to the amount of payments that were previously used to disregard the assets that were transferred. Additionally, the amount of the client’s estate that was protected from Estate Recovery is reduced by the same amount as the value of the asset that was transferred. LTCIP Disregard at Redetermination Example: Mr. Tansy is in a nursing facility. On September 1, 2010, Mrs. Tansy applied for LTC services for her husband. The couple’s assets are combined at asset assessment and the spousal share is attributed to Mrs. Tansy. Mr. Tansy’s income is less than 300% of the SSI payment for one, but he has $10,000 in individual assets consisting of $5,000 in an accessible money market account and $5,000 in stocks. He is NOTE: Even though a client is eligible for the Disregard and Medicaid, a determination is necessary regarding to whom the LTCIP insurance payment is made. The Worker must determine if the payments are income to the client or a third-party payment. If paid to the client, it is counted as income. If paid to the nursing facility, it is considered a third-party payment. NOTE: If the client is applying for other benefits, the eligibility system’s asset screens are re- evaluated in accordance with each program’s requirements and the absence of the Disregard.