5.04 Institutional Long-Term Care

MED 13/94132 (12/08/2008)
Annuity that did not state it was irrevocable, non-assignable was available

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kenneth D. Duren

DHA Case No. MED 13/94132 (Wis. Div. Hearings and Appeals Dec. 8, 2008) (DHS) ↓ Download PDF In general, an asset is considered available if there is some way to convert it to cash that could used for support and maintenance, including selling it on a secondary market. In this case, the petitioner owned an […] Read more

MDV 23/82892 (04/30/2007)
Annuity that prohibited sale was not available

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kenneth D. Duren

DHA Case No. MDV 23/82892 (Wis. Div. Hearings and Appeals Apr. 30, 2007) (DHS) ↓ Download PDF In general, an asset is considered available if it can be used for support and maintenance. At the time of this case, DHS had also enacted a policy considering an irrevocable annuity as available unless the applicant could […] Read more

MDV 66/71635 (12/05/2005)
Irrevocable annuity not available, not a divestment

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.1 Availability, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.3 Divestment, 3.3.17 Irrevocable annuities, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nancy J. Gagnon

DHA Case No. MDV 66/71635 (Wis. Div. Hearings and Appeals Dec. 5, 2005) (DHS) ↓ Download PDF At the time of this case, an applicant could show that an irrevocable annuity was unavailable by getting three rejection letters from companies active in the market. An unavailable annuity would then be evaluated for divestment. In this […] Read more

MED 40/65357 (05/13/2005)
Annuities not available because not transferable or assignable

Tags: 3.2 Assets, 3.2.1 Availability, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 4 Program Administration, 4.1 Verification, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Kenneth D. Duren

DHA Case No. MED 40/65357 (Wis. Div. Hearings and Appeals May 13, 2005) (DHS) ↓ Download PDF In general, an asset is considered available if it can be used for support and maintenance. At the time of this case, DHS had also enacted a policy considering an irrevocable annuity as available unless the applicant could […] Read more

MDV 13/50679 (12/20/2001)
Private annuity exchanged for real estate not a divestment

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.04 Annuities, 3.3 Divestment, 3.3.03 Transfers for FMV, 3.3.17 Irrevocable annuities, 3.3.18 Promissory notes – loans – land contracts – mortgages, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nancy J. Gagnon

DHA Case No. MDV 13/50679 (Wis. Div. Hearings and Appeals Dec. 20, 2001) (DHS) ↓ Download PDF A divestment is a transfer of resources for less than fair market value. In this case, the petitioner’s wife transferred her property worth $67,000 to her sons in exchange for a private annuity. The annuity had a principal […] Read more

MDV 191431 (02/12/2019)
Life insurance death benefit not the same as face value, policies exempt

Tags: 3 Financial Eligibility, 3.2 Assets, 3.2.6 Liquid assets, 3.2.6.05 Life insurance, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nicole Bjork

DHA Case No. MDV 191431 (Wis. Div. Hearings and Appeals Feb. 12, 2019) (DHS) ↓ Download PDF The cash value of life insurance is not counted if the total face value of all policies does not exceed $1,500. In this case, the petitioner owned two life insurance policies: one with a face value of $1,000 […] Read more

MDV 139111 (05/04/2012)
Termination of life estate was divestment, not done exclusively for purpose other than to qualify

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.06 Transfers made for purpose other than to qualify for Medicaid, 3.3.25 Life estates, 3.3.25.3 Life estate—termination and payment of less than FMV, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Michael D. O’Brien

DHA Case No. MDV 139111 (Wis. Div. Hearings and Appeals May 4, 2012) (DHS) ↓ Download PDF A person who terminates her life interest in a property without receiving the value of the life estate has divested. In this case, the petitioner had executed an agreement that allowed her children to terminate her life estate […] Read more

MDV 47/87892 (01/07/2008)
Life estate ended upon admission to nursing home, was a divestment

Tags: 3 Financial Eligibility, 3.3 Divestment, 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 Michael D. O’Brien

DHA Case No. MDV 47/87892 (Wis. Div. Hearings and Appeals Jan. 7, 2008) (DHS) ↓ Download PDF The transfer of a life estate without receiving fair market value in return is a divestment. In this case, the petitioner had transferred her property to her son but retained a right to occupy her property that terminated […] Read more

MDV 38/87937 (03/26/2008)
Life estate holder divested by paving a dirt driveway

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.03 Transfers for FMV, 3.3.15 Trusts, 3.3.15.1 Trusts for disabled individuals, 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 Joseph A. Nowick

DHA Case No. MDV 38/87937 (Wis. Div. of Hearings and Appeals Mar. 26, 2008) (DHS) ↓ Download PDF The holder of a life estate must generally make reasonable and necessary repairs, and payments for those repairs are not divestments. In this case, the petitioner owned a life estate and paid for insulation, window repairs, light […] Read more

MDV 67/60174 (02/03/2004)
Life estate not transferred automatically upon admission to nursing home

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.25 Life estates, 3.3.25.1 Life estate—transfer of property for less than FMV, 3.3.25.3 Life estate—termination and payment of less than FMV, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Peter D. Kafkas

DHA Case No. MDV 67/60174 (Wis. Div. Hearings and Appeals Feb. 3, 2004) (DHS) ↓ Download PDF A divestment is a transfer of assets for less than fair market value. In this case, the petitioner had a life estate in her home. The life estate was created before the look-back period and the petitioner did […] Read more

MDV 40/39925 (07/20/1999)
Life estate value must be considered in calculating divested amount

Tags: 3 Financial Eligibility, 3.3 Divestment, 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 Kenneth D. Duren

DHA Case No. MDV 40/39925 (Wis. Div. Hearings and Appeals Jul. 20, 1999) (DHS) ↓ Download PDF When an individual transfers real estate but retains a life estate, the value of the life estate must be considered in determining the divested amount. In this case, the petitioner transferred her home with a fair market value […] Read more

MDV 40/18587 (12/16/1997)
Life estate holder did not divest by paying for property repairs

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.03 Transfers for FMV, 3.3.07 Payments to relatives, 3.3.25 Life estates, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Nancy J. Gagnon

DHA Case No. MDV 40/18587 (Wis. Div. of Hearings and Appeals Dec. 16, 1997) (DHS) ↓ Download PDF In general, a transfer for fair market value is not a divestment. In this case, the petitioner spent $52,074 on repairs to his home, in which he had retained a life estate, after he was institutionalized. The […] Read more

MDV 171354 (03/28/2016)
Contract required for services but not room and board

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.07 Payments to relatives, 3.3.07.1 For room and board, 3.3.07.2 For services, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Mayumi M. Ishii

DHA Case No. MDV 171354 (Wis. Div. Hearings and Appeals Mar. 28, 2016) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

MDV 156359 (05/09/2014)
Contract required only if payments to an individual exceed 10% CSAS

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.07 Payments to relatives, 3.3.07.2 For services, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Michael D. O’Brien

DHA Case No. MDV 156359 (Wis. Div. Hearings and Appeals May 9, 2014) (DHS) ↓ Download PDF Payments to relatives for care and services are not considered divestments if the services directly benefited the institutionalized person, compensation was reasonable, and, if the total exceeds 10% of the Community Spouse Asset Share, there is a preexisting […] Read more

MDV 138130 (06/27/2012)
Reimbursements, payments to POA agents not divestment

Tags: 3 Financial Eligibility, 3.3 Divestment, 3.3.03 Transfers for FMV, 3.3.07 Payments to relatives, 3.3.07.2 For services, 5 Subprograms, 5.04 Institutional Long-Term Care, ALJ Michael D. O’Brien

DHA Case No. MDV 138130 (Wis. Div. Hearings and Appeals Jun. 27, 2012) (DHS) ↓ Download PDF Transfers for fair market value are not divestments. In this case, the petitioner was a 96-year-old woman living in northern Wisconsin who had named her daughter as her financial agent. After she was admitted to a nursing home, […] Read more

Tag: 5.04 Institutional Long-Term Care