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42-2-402. Transfers of assets affecting eligibility; exceptions; disclosures by applicants.

(a)If an institutionalized individual or the individual's…#

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Page 28

42-2-402. Transfers of assets affecting eligibility; exceptions; disclosures by applicants.

(a)If an institutionalized individual or the individual's…#

(a) If an institutionalized individual or the individual's spouse has disposed of, for less than fair market value, any asset or interest therein within sixty (60) months before or any time after the first date the individual has both applied for medical assistance and been institutionalized, the individual is ineligible for medical assistance for long-term care services for the period of time determined under subsection (b) of this section.

(b)For a transfer within the provisions of subsection (a)…#

(b) For a transfer within the provisions of subsection (a) of this section, the number of months of ineligibility for long- term care services shall be the total, cumulative uncompensated value of all assets transferred within the sixty (60) month period, divided by the average monthly cost to a private patient for nursing facility services on the date of application. The period of ineligibility begins with the later of:

(i)The first day of the first month in which the assets…#

(i) The first day of the first month in which the assets were transferred and which does not occur in any other period of ineligibility;

(ii)The date on which the individual is eligible for…#

(ii) The date on which the individual is eligible for medical assistance under the state plan and would otherwise be receiving institutional level care, but for the application of the penalty period, and which does not occur during any other period of ineligibility under this section.

(c) In the case of a transfer by the spouse of an individual which results in a period of ineligibility for medical assistance under this section for the individual, the department shall, using a reasonable methodology as specified by the secretary of health and human services, apportion the period of ineligibility for any portion of the period, among the individual and the individual's spouse if the spouse otherwise becomes eligible for medical assistance under chapter 4 of this title.

(d) An institutionalized individual is not rendered ineligible for long-term care services due to a transfer within the provisions of subsection (a) of this section if the asset transferred was a home and: