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West Virginia Income Maintenance Manual Chapter 24
West Virginia Income Maintenance Manual Page 112 Chapter 24 Long Term Care
has met all the criteria and her penalty period begins. The penalty begins in August 2024 and runs through August 2025 with a partial month’s penalty of $9,261 or 23 days-imposed September 2025. Applicant Asset Transfer Example 2: Same as above except Ms. Freesia transferred an additional $45,500, she received from an insurance settlement to her daughter in September 2024 causing an additional 3.8 months penalty. This penalty will begin in October 2025 and run through December 2025 with a partial month of $9,791 for 24 days imposed in January 2026.
Client Asset Transfer Example 1: Mr. Alder makes an uncompensated transfer of $24,534 after approval for ADW services and Medicaid. Step 1: $24,534 Uncompensated transfer amount ÷$11,903 State’s average monthly nursing facility pay rate
2.06 Number of months for penalty period Step 2: $11,903 State’s average monthly nursing facility private pay rate
x 2 Whole months in penalty period
$23,806 Step 3: $24,534 Total uncompensated transfer amount
-$23,806 Amount for two whole months in penalty period
$728 Partial month penalty amount Step 4: $728
÷ $396.76 Average daily rate
1.83 Number of ineligible days for partial month The partial penalty is imposed for the number of whole days only. If an ADW client transfers resources in July and advance notice is provided for August closure, the penalty period runs for two full months from August through September, with a partial month penalty of 1 day calculated for October. The individual becomes eligible for ADW on October 2 if he meets all other requirements. Client Transfer Example 2: Ms. Ivy is receiving TBI services and transfers her home to her daughter without compensation in October 2024. The value of the home is $110,000. After advance notice, the penalty period is October 2024 through June 2025 for 9 whole months. A partial month penalty is calculated for July 2025, the 10th month, based on $2,873 remaining of the total penalty