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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 110 Chapter 24 Long Term Care
24.31 ASSETS The determination of countable asset sources is the same as for Supplemental Security Income (SSI)-Related Medicaid. See Chapter 5. The SSI-Related Medicaid asset limit for one person is used. Assets are not deemed for clients of waiver services. SSI and Deemed SSI Medicaid coverage groups have no additional asset test at application for waiver services however must be evaluated for transfer resources, trust, and annuities. For transfers of resources and spousal assessment of assets, see Section 24.8, both apply to Aged and Disabled (ADW), Intellectual and Developmental Disabilities (I/DD), Children with Serious Emotional Disorder (CSED), and Traumatic Brain Injury (TBI) waiver services. Exception: The effective date for the 60-month transfer of assets look back period, and for the spousal asset assessment, is the application date for HCB Waiver Medicaid. 24.31.1 TRANSFER OF RESOURCES PENALTY The transfer of resources penalty for an applicant is a period of ineligibility for Home and Community-Based Waiver Medicaid. Medicaid eligibility will not continue in an HCB Waiver coverage group during the transfer penalty; the applicant must be evaluated for other Medicaid coverage groups. The beginning date of the penalty period imposed for any uncompensated transfer of resources is the date on which the individual is financially eligible, medically eligible and enrolled in a slot for Home and Community-Based Waiver Medicaid. When an individual is in a penalty period and transfers additional resources during the penalty, a new penalty period begins as soon as the previous penalty ends. All penalties for resources transferred on or after March 1, 2009, run consecutively. A penalty period begins no later than the date the Department has determined the client: • Meets all financial eligibility; • Meets medical eligibility; and • Has an available waiver slot for the client’s placement When a waiver services client transfers resources without receiving fair compensation, a penalty is applied after advance notice.