2022 December

MDV 206205 (12/02/2022)
Assets available despite “irrevocable assignment”; divestment allowed because petitioner had resources to pay for 5 years

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.3 Divestment, 3.3.06 Transfers made for purpose other than to qualify for Medicaid, 3.3.06.1 Sufficient resources to cover 5 years of LTC, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Peter McCombs

DHA Case No. MDV 206205 (Wis. Div. of Hearings and Appeals December 2, 2022) (DHS) ↓ Download PDF Issue 1: “Irrevocable assignment” The Medicaid Eligibility Handbook provides that an asset is available when the owner can dispose of it, has a legal right to its value, has the legal ability to make it available, and can make […] Read more

MDV 45/86382 (11/19/2007)
No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

Tags: 3 Financial Eligibility, 3.1 Income, 3.1.5 Unearned income, 3.1.5.23 Rental income, 3.2 Assets, 3.2.8 Business property, 3.3 Divestment, 3.3.04 Transfers of exempt income or assets, 3.3.12 Homestead property, 3.3.12.4 Transfer of homestead to caretaker child, 3.3.25 Life estates, 3.3.25.1 Life estate—transfer of property for less than FMV, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kelly Cochrane

DHA Case No. MDV-45/86382 (Wis. Div. of Hearings and Appeals November 19, 2007) (DHS) ↓ Download PDF Issue 1: Caretaker child The caretaker child exception allows an institutionalized person to transfer homestead property to a child who lived with the person and provided care for at least two years. In this case, the petitioner co-owned […] Read more

MDV 37/88496 (05/16/2008)
No divestment for promissory note not signed by applicant and allowing lifetime forgiveness

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.03 Transfers for FMV, 3.3.18 Promissory notes – loans – land contracts – mortgages, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kenneth D. Duren

DHA Case No. MDV-37/88496 (Wis. Div. of Hearings and Appeals May 16, 2008) (DHS) ↓ Download PDF Promissory notes are commonly used to reduce countable resources for Medicaid eligibility. The rules require the note to have a repayment term within the applicant’s life expectancy, require equal payments with no balloon payment, prohibit cancellation of the […] Read more

December 2022

MDV 206205 (12/02/2022) Assets available despite “irrevocable assignment”; divestment allowed because petitioner had resources to pay for 5 years

MDV 45/86382 (11/19/2007) No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

MDV 37/88496 (05/16/2008) No divestment for promissory note not signed by applicant and allowing lifetime forgiveness

MDV 206205 (12/02/2022)
Assets available despite “irrevocable assignment”; divestment allowed because petitioner had resources to pay for 5 years

MDV 45/86382 (11/19/2007)
No divestment for transfer of home (caretaker child) and rented commercial property (business exemption)

MDV 37/88496 (05/16/2008)
No divestment for promissory note not signed by applicant and allowing lifetime forgiveness