Page 29
(i)Title to the home was transferred to the individual's:#
(i) Title to the home was transferred to the individual's:
(A) Spouse;
(B) Child who is under age twenty-one (21);
(C) Blind or disabled child as defined in 42 U.S.C. 1382c;
(D) Sibling who has equity interest in the home and who was residing in the home for a period of at least one (1) year immediately before the date the individual became an institutionalized individual; or
(E) Child who was residing in the home for a period of at least two (2) years immediately before the date the individual became an institutionalized individual, and who provided care to the individual which permitted the individual to reside at home rather than in an institution or facility.
(e) 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 department determines:
(i) The individual intended to dispose of the asset at fair market value or for other valuable consideration;
(ii)The asset was transferred exclusively for a purpose…#
(ii) The asset was transferred exclusively for a purpose other than to qualify for medical assistance;
(iii) That to the extent assets were transferred for less than fair market value, that the assets or their fair market equivalent have been returned to the individual; or
(iv) To grant a waiver of the excess resources created by the uncompensated transfer because denial of eligibility would cause undue hardship for the individual, based on criteria established by the secretary of health and human services.
(f) An institutionalized person who has made or whose spouse has made a transfer within the provisions of subsection (a) of this section is not ineligible for long-term care services if the asset was transferred: