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West Virginia Income Maintenance Manual Chapter 24

West Virginia Income Maintenance Manual Page 111 Chapter 24 Long Term Care

24.31.2 TRANSFER OF RESOURCES PENALTY PERIOD The penalty period is determined using the following procedure and lasts for the number of whole and/or partial months determined by the following calculation. The total amount transferred during the look-back period is divided by the State’s average monthly nursing facility private pay rate of $396.76 per day, or $11,903 per month. When the remaining amount of the transfer is less than the average monthly private pay cost of nursing facility care, the agency imposes a penalty for less than a full month. The partial month’s penalty is converted to a number of days for which the individual is ineligible for payment for waiver services. The partial month’s penalty is determined as follows: Step 1: The total amount transferred is divided by the State’s average monthly nursing facility private pay rate of $11,903. Step 2: Multiply the number of whole months from Step 1 by the average private pay rate of $11,903. Step 3: Subtract the amount in Step 2 from the total amount of all transfers. The remainder is the amount used to determine the number of days the individual is ineligible for waiver services in the partial month of the penalty period. Step 4: The Step 3 amount is divided by the average daily rate of $396.76 to determine the number of days of ineligibility in the last month of the penalty period. 24.31.2.A Asset Transfer Examples Applicant Asset Transfer Example 1: Ms. Freesia, a 70-year-old woman, applies for ADW services in July 2024 but transferred $164,000 in cash from her bank account to her daughter in January 2022. Based on the average private pay nursing facility rate of $11,903 a month Ms. Freesia is subject to a transfer of resources penalty for 13.77 months. She meets all financial and medical eligibility requirements. A waiver slot becomes open in August 2024. It is at that point she