Medical Assistance for Long-Term Care Services

2.4.1.3.1 Lookback Period and Transfer Date

The lookback period is a specific period of time before the date a person requests Medical Assistance for Long-Term Care Services (MA-LTC) and is either residing in a long-term care facility (LTCF) or has been screened and been found to need services provided through a home and community-based services (HCBS) waiver program. The date these conditions are met is referred to as the baseline date.

All transfers made during the lookback period must be evaluated to determine if the transfer was uncompensated and if a transfer penalty applies.

Determining the Lookback Period

The lookback period is 60 months prior to the baseline date. A new lookback period is established each time a person requests MA-LTC following a break in LTC services. A break in LTC services is a gap of one calendar month or more in receiving MA-LTC because the person either:

Became ineligible for MA-LTC services
Stopped residing in a LTCF or receiving services through an HCBS waiver program.

A new lookback period is established with each new request for MA-LTC following a break in LTC services.

Transfer Date

The following criteria determine whether a transfer occurred during the lookback period:

When the transfer occurs via a personal check, the transfer date is the date the check clears the bank.
The transfer date for an annuity is one of the following, depending on the type of transaction:
- Date of annuitization
- Date the annuity owner transfers ownership of the annuity to someone else
- Date annuity payments are transferred to someone else
The transfer of real property is completed when both execution and delivery have taken place. The transfer date is the earliest verified delivery date.
- Execution is the signing of the deed by the person selling (seller) or transferring (donor) the property.
- Delivery is the giving of the deed to the buyer or donee (or their representative), or recording the deed in the county recorder’s office.
To determine the date of transfer into a client-funded trust:
- The date of transfer into an irrevocable client-funded trust created before July 1, 2005 is the date the trust is funded. A new transfer occurs each time the beneficiary adds additional funds to the trust. The date of transfer is the date the additional funds are deposited into the trust.
  - Assets transferred into an irrevocable trust established on or after July 1, 2005 are treated as available assets. Assets transferred into these trusts are not evaluated as uncompensated transfers.
- The date of the transfer from a client-funded trust to or for the benefit of someone other than the beneficiary is the date the payment is made.
- The date of transfer by a person age 65 or older into a special needs trust or pooled trust is the date the trust is funded or the beneficiary’s funds are added to an existing trust after the date the beneficiary reaches age 65.
A signed consent agreement stating the person will not elect against a spouse's will when the person does not receive assets equal to or greater than the spouse’s share under the intestacy laws is a transfer at the time of signing or at the death of the testator, whichever is later.

Legal Citations

Minnesota Statutes, section 256B.0595

United States Code, title 42, section 1396p(c)