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West Virginia Income Maintenance Manual Acronyms, Forms, and Glossary

West Virginia Income Maintenance Manual Page 64

Acronyms, Forms, and Glossary

Term Definition Chapter (s) • Transfer to a non-permissible trust; and/or • A transfer of assets penalty results in the denial of payment of LTC services, and causes the individual to be deprived of medical care to the extent that the individual’s health or life would be endangered or his food, clothing, shelter, or other necessities of life are at severe risk. When there has been a transferred asset, in order to meet Undue Hardship requirements, the individual must have exhausted all means, legal and otherwise, to receive CMV for and/or to regain the transferred asset. All means, legal or otherwise, refers to action through the court system and/or the voluntary return or recovery of the asset or item. Undue Hardship does not exist when the denial causes the individual inconvenience or might restrict his lifestyle but would not put him at risk of serious deprivation. Undue Hardship Committee A standing committee comprised of representatives from BMS and DFA, that determines if an individual’s denial for Medicaid LTC Services should be waived due to the individual’s undue hardship condition as defined above. 5 Undue Hardship Provision This provision only applies to individuals who are denied Medicaid LTC Services due to the application of the excessive home equity, transfer of asset to a non-permissible trust, and/or a transfer of assets penalty. The individual must be otherwise eligible for LTC Services. 5 Unearned income Income which is not related, or only indirectly related, to the efforts or activities of the individual. Examples of unearned income are RSDI, SSI, VA benefits, pensions, compensation benefits, interest, royalties, allotments, contributions, and WV WORKS payments. 4 Uniform Gifts to Minors Act (UGMA) The State law which allows an irrevocable gift of money or property, made to a minor, to be tax-free. This may also be referred to as Uniform Transfer to Minors Act (UTMA). 5 United States Defined in a geographical sense as the continental U.S., Alaska, Hawaii, Puerto Rico, Guam, U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands. 15 United States Citizenship and Immigration Services (USCIS) The federal agency under the Department of Homeland Security that administers immigration law. 15