DHA Case No. MGE 216988 (Wis. Div. Hearings and Appeals Jul. 14, 2025) (DHS) ↓ Download PDF The transfer of resources for less than fair market value is a divestment resulting in a penalty period. The penalty (for Institutional MA) begins the first date the applicant applied and would have been otherwise eligible. In this […] Read more

DHA Case No. MDV 216455 (Wis. Div. Hearings and Appeals June 6, 2025) (DHS) ↓ Download PDF An undue hardship waiver of a divestment penalty may be approved if the divested assets are not recoverable and the member would otherwise be deprived of necessary medical care, shelter, or other necessities. In this case, the petitioner’s […] Read more

DHA Case No. MGE 215302 (Wis. Div. Hearings and Appeals Jun. 2, 2025) (DHS) ↓ Download PDF The agency is required to verify income, assets, and divestments, both at application and at renewals. The applicant or member has the primary responsibility to provide verification and resolve questionable information. In this case, the petitioner’s authorized representatives […] Read more

DHA Case No. MLL 216316 (Wis. Div. Hearings and Appeals Mar. 6, 2025) (DHS) ↓ Download PDF Serving as a caretaker child does not justify a hardship waiver of estate recovery. In this case, the petitioner took care of her father and mother for years in their home, but the home was never transferred to […] Read more

DHA Case No. MDV 215927 (Wis. Div. Hearings and Appeals Feb. 3, 2025) (DHS) ↓ Download PDF If an irrevocable annuity can be sold on the secondary market, it is a countable, available asset. In this case, the petitioner owned an irrevocable annuity but could still transfer ownership and change the beneficiary and had received […] Read more

DHA Case No. MGE 215615 (Wis. Div. Hearings and Appeals Jan. 6, 2025) (DHS) ↓ Download PDF To pay a relative for services in amounts exceeding 10% of the maximum Community Spouse Asset Share requires a written, notarized contract at the time the services were provided. In this case, petitioners were a married couple, both […] Read more

DHA Case No. MDV 137218 (Wis. Div. Hearings and Appeals Feb. 7, 2012) (DHS) ↓ Download PDF When an institutionalized person fails to claim his or her share of a deceased spouse’s estate, it is generally a divestment. In this case, the petitioner’s wife created a revocable trust after his enrollment that included no share […] Read more

DHA Case No. MDV 23/44181 (Wis. Div. Hearings and Appeals 2000) (DHS) ↓ Download PDF A transfer of resources made during the lookback period by the applicant or his or her spouse can be a divestment. In this case, the petitioner’s spouse died before she applied for MA, transferring a POD bank account to beneficiaries other […] Read more

DHA Case No. MDV 67/105685 (Wis. Div. Hearings and Appeals 2009) (DHS) ↓ Download PDF A divestment penalty period does not start until the individual is institutionalized, has applied for Medicaid, and is “otherwise eligible,” according to DHS policy effective since 2009. In this early case applying the new policy, the petitioner applied in February […] Read more

DHA Case No. MDV 28/100729 (Wis. Div. Hearings and Appeals Mar. 9, 2009) (DHS) ↓ Download PDF Adivestment penalty may be “cured” by returning the divested resource, or its equivalent value, to the individual. In this case, the petitioner gave a 34% interest in her homestead to her son and his wife. They also all […] Read more

DHA Case No. MDV 66/71952 (Wis. Div. Hearings and Appeals Jan. 25, 2006) (DHS) ↓ Download PDF A divestment penalty may be “cured” by returning the divested resource, or its equivalent value, to the individual. In this case, the petitioner made multiple divestments during the lookback period totaling more than $200,000, but her son paid […] Read more

DHA Case No. MDV 149517 (Wis. Div. Hearings and Appeals Jul. 26, 2013) (DHS) ↓ Download PDF Money spent for fair market value is generally not a divestment, but the agency may require verification of large cash withdrawals. In this case, the petitioner’s daughter attempted to verify $22,219.40 in cash withdrawals with a spreadsheet. ALJ […] Read more

DHA Case No. MDV 147776 (Wis. Div. Hearings and Appeals Jul. 12, 2013) (DHS) ↓ Download PDF The divestment penalty period for an Institutional MA applicant begins on the first date the person (1) is institutionalized, (2) has applied for Medicaid, and (3) is otherwise eligible for Medicaid. In this case, the petitioner applied on […] Read more

DHA Case No. MDV 146016 (Wis. Div. Hearings and Appeals Mar. 5, 2013) (DHS) ↓ Download PDF The divestment penalty period for a Family Care applicant begins on the first date the person (1) has applied for Family Care, (2) “meets the appropriate level of care and functional screen criteria,” and (3) meets all other […] Read more