Page 818

West Virginia Income Maintenance Manual Chapter 5

West Virginia Income Maintenance Manual Page 92 Chapter 5 Assets

However, actual withdrawal of funds from the account, or removal of all or part of the asset by another person, removes the funds or property from the control of the client, and, thus, is a transfer of assets. In addition, if placing another person's name on the account or asset actually limits the client's right to sell or otherwise dispose of it, the addition of the name constitutes a transfer of assets. If either the client or the other person proves that the funds withdrawn were the sole property of the other person, the withdrawal does not result in a penalty. 5.7.3 MEDICAID There is no transfer of assets penalty for Medicaid, except when a Medicaid client, who receives Medicaid under a coverage group that requires an asset test, applies for or receives long-term care services. See Chapter 24.

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Page 818

Official source

West Virginia Income Maintenance Manual Chapter 5

West Virginia Income Maintenance Manual Page 92 Chapter 5 Assets

However, actual withdrawal of funds from the account, or removal of all or part of the asset by another person, removes the funds or property from the control of the client, and, thus, is a transfer of assets. In addition, if placing another person's name on the account or asset actually limits the client's right to sell or otherwise dispose of it, the addition of the name constitutes a transfer of assets. If either the client or the other person proves that the funds withdrawn were the sole property of the other person, the withdrawal does not result in a penalty. 5.7.3 MEDICAID There is no transfer of assets penalty for Medicaid, except when a Medicaid client, who receives Medicaid under a coverage group that requires an asset test, applies for or receives long-term care services. See Chapter 24.