3.3.06.1 Sufficient resources to cover 5 years of LTC

MDV 190237 (12/13/2018)
Cash gifts to family one month before admission were divestments, but older gifts were not

Tags: 3 Financial Eligibility, 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, 3.3.06.3 Pattern of gifting, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nicole Bjork

DHA Case No. MDV 190237 (Wis. Div. Hearings and Appeals Dec. 13, 2018) (DHS) ↓ Download PDF Any transfer of resources for less than fair market value is generally a divestment, but there is an exception if the resource was transferred “exclusively for some other purpose than to become eligible for MA.” In this case, […] Read more

MDV 70/74428 (04/18/2006)
Real estate transfers by POA were made with intent to qualify

Tags: 3 Financial Eligibility, 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, 3.3.11 Undue hardship, 4 Program Administration, 4.5 Undue hardship, 4.7 Notices & fair hearings, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Joseph A. Nowick

DHA Case No. MDV 70/74428 (Wis. Div. Hearings and Appeals Apr. 18, 2006) (DHS) ↓ Download PDF One exception to the usual divestment rule is if the transfer was not made for the purpose of becoming eligible for Medicaid. In this case, the petitioner’s POA transferred three pieces of real estate to family members before […] Read more

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

Tag: 3.3.06.1 Sufficient resources to cover 5 years of LTC

MDV 190237 (12/13/2018) Cash gifts to family one month before admission were divestments, but older gifts were not

MDV 70/74428 (04/18/2006) Real estate transfers by POA were made with intent to qualify

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

MDV 190237 (12/13/2018)
Cash gifts to family one month before admission were divestments, but older gifts were not

MDV 70/74428 (04/18/2006)
Real estate transfers by POA were made with intent to qualify

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