DHA Case No. MDV 132474 (Wis. Div. Hearings and Appeals Aug. 24, 2011) (DHS) ↓ Download PDF To pay relatives for services while avoiding divestment, a written and notarized agreement that exists at the time the services are provided is required if the total payment exceeds 10% of the community spouse asset share. In this […] Read more

DHA Case No. MDV 13/78679 (Wis. Div. Hearings and Appeals Feb. 16, 2007) (DHS) ↓ Download PDF If an institutionalized person is paying a relative for care and services, then the payment must not exceed reasonable compensation for the services provided. In this case, the petitioner paid a lump sum of $85,013.02 to her adult […] Read more

DHA Case No. MDV 152549 (Wis. Div. Hearings and Appeals Dec. 9, 2013) (DHS) ↓ Download PDF To pay relatives for services while avoiding divestment, a written and notarized agreement that exists at the time the services are provided is required if the total payment exceeds 10% of the community spouse asset share. In this […] Read more

DHA Case No. MDV 221203 (Wis. Div. Hearings and Appeals Feb. 9, 2026) (DHS) ↓ Download PDF One exception to the usual divestment rule is if the transfer was made without the intent to qualify for Medicaid. In this case, the petitioner transferred about $110,000 to her son over the five-year look-back, but because he […] Read more

DHA Case No. MGE 220918 (Wis. Div. Hearings and Appeals Feb. 6, 2026) (DHS) ↓ Download PDF The MEH says a faxed application received after business hours is considered filed on the next business day, but a 2023 fair hearing decision—adopted as final by the DHS secretary—concluded it should be considered filed the day it […] Read more

DHA Case No. MDV 38/56284 (Wis. Div. Hearings and Appeals May 6, 2003) (DHS) ↓ Download PDF An ALJ may increase the community spouse income allocation (CSIA) if the community spouse does not have enough income to pay his or her “necessary and basic maintenance needs.” In this case, the community spouse requested an increase […] Read more

DHA Case No. MDV 143690 (Wis. Div. Hearings and Appeals Nov. 23, 2012) (DHS) ↓ Download PDF A divestment occurs when a Medicaid applicant transfers resources and receives less than fair market value in return; exempt business assets must be used in a business “for the self-support of the individual.” In this case, the petitioner […] Read more

DHA Case No. MDV 5/105182 (Wis. Div. Hearings and Appeals 2009) (DHS) ↓ Download PDF Agift that occurred during the lookback period and was made by either the institutionalized person or his or her spouse is a divestment. In this case, the petitioner’s husband amended their revocable trust to transfer their home to a new […] Read more

DHA Case No. MDV 59/60290 (Wis. Div. Hearings and Appeals Jan. 20, 2004) (DHS) ↓ Download PDF A gift that occurred during the lookback period and was made by either the institutionalized person or his or her spouse is a divestment. In this case, the petitioner’s husband disinherited her and then died a year before […] Read more

DHA Case No. MDV 220070 (Wis. Div. Hearings and Appeals Dec. 10, 2025) (DHS) ↓ Download PDF The action of avoiding the receipt of income that a Medicaid member is entitled to is a divestment. In this case, the petitioner revocably renounced a VA survivor’s pension, which was $948 normal pension and $567 Aid and […] Read more

DHA Case No. MDV 220057 (Wis. Div. Hearings and Appeals Nov. 10, 2025) (DHS) ↓ Download PDF A divestment does not affect eligibility if the resource was “transferred exclusively for some purpose other than to become eligible for MA.” In this case, the petitioner gave $5,000 to each of her three daughters (to one for […] Read more

DHA Case No. MDV 218743 (Wis. Div. Hearings and Appeals Oct. 22, 2025) (DHS) ↓ Download PDF A refusal to claim property of a deceased spouse that a Medicaid applicant or member is entitled to is a divestment. In this case, the petitioner’s husband used nearly all the money in a joint revocable trust to […] Read more

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