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Effective: December 1, 2006 |
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19.40.50arc1 - Archived Transfer Information (Archive) |
Archived: October 1, 2007 |
This section contains archived transfer information for the MA program.
Ineligibility for MA for Transfers Prior to July 1, 1988.
Transfers Before August 11, 1993.
Transfers On or After August 11, 1993 Through August 31, 1994.
Transfers On or After September 1, 1994 Through April 13, 1996.
The look back periods for MA changed for transfers made on or before August 11, 1993. Both look back periods were phased in to meet the current policy.
The look back period increased from 30 to 36 months for transfers made on or after August 11, 1993 and was phased in as follows:
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If Date of LTC, Waiver Services When Applying For/Receiving MA is: |
Look Back Period is: |
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January 1991 - February 1996 |
30 months |
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March 1996 |
31 months |
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April 1996 |
32 months |
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May 1996 |
33 months |
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June 1996 |
34 months |
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July 1996 |
35 months |
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August 1996 or later |
36 months |
The look back period increased from 30 months to 60 months for transfers made on or after August 11, 1993 and was phased in as follows:
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If Date of LTC, Waiver Services When Applying For/Receiving MA is: |
Look Back Period is: 1996 |
Look Back Period is: 1997 |
Look Back Period is: 1998 |
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January |
January 1991 - Feb 1996 - 30 months |
41 |
53 |
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February |
42 |
54 |
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March |
31 |
43 |
55 |
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April |
32 |
44 |
56 |
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May |
33 |
45 |
57 |
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June |
34 |
46 |
58 |
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July |
35 |
47 |
59 |
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August |
36 |
48 |
Aug 1998 and later - 60 months |
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September |
37 |
49 |
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October |
38 |
50 |
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November |
39 |
51 |
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December |
40 |
52 |
Ineligibility for MA for Transfers Prior to July 1, 1988
If the transfer occurred before July 1, 1988, a client is ineligible for all MA services during the penalty period.
Transfers Before August 11, 1993
l MinnesotaCare and GHO: No provisions.
l MA:
For uncompensated transfers occurring before August 11, 1993, the period of ineligibility is the lesser of 30 months or the number of months resulting from the steps in the following calculation:
1. Total the uncompensated value of transfers made in the same month.
2. Determine the uncompensated value of improperly transferred assets.
3. Divide the uncompensated value of the asset by the statewide average monthly payment rate for skilled nursing facility care (SAPSNF).
m Use the MA SAPSNF in effect on the date of the client's application that covers the current application processing period or period of MA eligibility.
Example:
If someone has been on MA since before July 1, 1990, the SAPSNF to use is $2,177.
m Truncate partial months.
m If the amount improperly transferred is less than the SAPSNF, it does not affect eligibility.
There is a 30-month maximum on penalty periods for transfers made before August 11, 1993.
Note: Because the maximum look back period for this time frame is 60 months, no transfers made on or after August 11, 1998 will be subject to penalty.
l MA Multiple Transfers:
The following list considerations to keep in mind when processing a case with multiple transfers:
n When a person improperly transfers assets in different months, calculate the transfer period individually for each transfer.
n The transfer period begins the month of the transfer.
n The length of the transfer period for each transfer is the lesser of 30 months or the number of months calculated in the transfer period.
n If separate transfer periods overlap, continue to impose each penalty individually as calculated.
l GAMC:
For GAMC SAPSNF in effect for a particular date see GAMC SAPSNF.
Transfers On or After August 11, 1993 Through August 31, 1994
l MinnesotaCare and GHO: No provisions.
l MA:
Use the following steps to determine the ineligibility period for transfers occurring on August 11, 1993 through August 31, 1994:
1. Total the uncompensated value of transfers made in the same month.
2. Determine a penalty period for the total value of all uncompensated transfers made in each month in the look back period separately by dividing the uncompensated amount by the monthly MA SAPSNF in effect on the date of the client's current application.
3. Chart out the months that each penalty period runs, beginning in the month each transfer occurred. Look for any months that occur in more than one penalty period. These are considered OVERLAPPING penalty periods.
4. If none of the charted ineligibility periods overlap, begin each ineligibility period in the month each transfer (or transfers, if more than one transfer was made in a given month) transfer was made, and stop here. If any ineligibility periods overlap, go on to Step 5.
5. If any of the penalty periods determined in Step 4 overlap, including any calculated penalty period for uncompensated transfers in amounts less than the monthly statewide average nursing facility payment, add the values of all the uncompensated transfers made in the look back period together, and re-calculate a single ineligibility period. Truncate a partial month when determining the actual ineligibility period.
6. Begin the ineligibility period in the month of the first uncompensated transfer during the look back period. The ineligibility period runs for the period of time calculated in Step 5.
l Multiple Transfers - MA:
When transfers have been made by a client in more than one month:
1. Determine if there are overlapping penalty periods for any of the transfers, by comparing the months of penalty to one another. For information on when to begin the MA Transfer Penalty see Applying the Transfer Penalty.
2. If penalty periods overlap, add the uncompensated value of each of the overlapping transfers together and determine a new transfer penalty.
3. Repeat Step 1. Use the new transfer penalty created in Step 2 and compare it to other transfer penalty periods checking for overlap.
4. Repeat Steps 1 and 2 until no transfer penalty periods are overlapping.
l GAMC:
For GAMC SAPSNF in effect for a particular date see GAMC SAPSNF.
Transfers On or After September 1, 1994 Through April 13, 1996
l MinnesotaCare/GHO: No provisions.
l MA:
Use the following steps for transfers made on or after September 1, 1994 through April 13, 1996:
1. Total the uncompensated value of transfers made in the same month.
2. If the total amount transferred for less than fair market value in any month by the client and spouse combined does not exceed $1,000 in total value for the month, disregard that amount and do not calculate a penalty period. Disregard transfers of $1,000 or less made in any month after September 1, 1994 even if the transfer occurred during a pre-existing penalty period.
3. If the amount transferred for less than fair market value is greater than $1,000, determine a penalty period based on the total value of all uncompensated transfers made during that month. Do not disregard the first $1,000 transferred.
4. If the total uncompensated value of assets transferred in a month by the client and spouse combined is greater than $1,000, divide the uncompensated value by the MA SAPSNF in effect on the date of the client's application.
Note: Do not truncate partial months. Apply a partial month of ineligibility for MA payment of long term care services to both applicants and recipients.
5. If the transferred amount is less than the applicable SAPSNF, deny eligibility for long term care services equal to the amount transferred. The result is the dollar amount of long term care services the client is responsible for before MA eligibility for long term care services can begin.
6. If the transferred amount is more than the applicable SAPSNF and a fractional part of a month remains after calculating a period of ineligibility, multiply the remainder (rounded to hundredths) by the applicable SAPSNF. Truncate that result. The result is the dollar amount of long term care services the client is responsible for in the last partial month of ineligibility.
7. Add the amount determined in Step 6 to the client's long term care spenddown or medical spenddown, whichever applies, for the partial month of ineligibility. This is the client's total liability for the partial month.
Eligibility for payment of long term care services begins after that amount has been incurred by the client. If a client does not incur long term care services equal to or greater than his/her total liability, do NOT carry the penalty over to the next month.
l Multiple Transfers - MA:
When transfers have been made by a client in more than one month:
1. Determine if there are overlapping penalty periods for any of the transfers, by comparing the months of penalty to one another. For information on when to begin the MA Transfer Penalty see Applying the Transfer Penalty.
2. If penalty periods overlap, add the uncompensated value of each of the overlapping transfers together and determine a new transfer penalty period.
3. Repeat Step 1. Use the new transfer penalty created in Step 2 and compare it to other transfer penalty periods checking for overlap.
4. Repeat Steps 1 and 2 until no transfer penalty periods are overlapping.
l GAMC:
For GAMC SAPSNF in effect for a particular date see GAMC SAPSNF.