Arizona Administrative Code › Title 9 - HEALTH SERVICES › Chapter 28 - ARIZONA HEALTH CARE COST CONTAINMENT SYSTEM - ARIZONA LONG-TERM CARE SYSTEM › Article 4 - ELIGIBILITY AND ENROLLMENT › Section R9-28-409 - Transfer of Assets

Current through Register Vol. 30, No. 28, July 12, 2024
A. The
				provisions in this Section apply to an institutionalized person who has, or
				whose spouse has, transferred assets and received less than the fair market
				value (uncompensated value) as specified in A.R.S. § 36-2934(B) and
				42 U.S.C.
				1396 p(c)(1)(A), July 1, 2009, which is
				incorporated by reference and on file with the Administration, and available
				from the U.S. Government Printing Office, Mail Stop: IDCC, 732 N. Capitol
				Street, NW, Washington, DC, 20401. This incorporation by reference contains no
				future editions or amendments.
B. A
				person shall report transfer of assets. The Administration shall evaluate all
				transfers made during or after the look-back period under
				42 U.S.C.
				1396 p(c)(1)(B), July 1, 2009, which is
				incorporated by reference and on file with the Administration, and available
				from the U.S. Government Printing Office, Mail Stop: IDCC, 732 N. Capitol
				Street, NW, Washington, DC, 20401. This incorporation by reference contains no
				future editions or amendments. The person shall provide verification of any
				transfer.
C. Certain transfers are
				permitted under
				42 U.S.C.
				1396 p(c)(2), July 1, 2009, which is
				incorporated by reference and on file with the Administration, and available
				from the U.S. Government Printing Office, Mail Stop: IDCC, 732 N. Capitol
				Street, NW, Washington, DC, 20401. This incorporation by reference contains no
				future editions or amendments.
D.
				If the Administration determines a disqualification period applies due to a
				transfer, and the person is otherwise eligible, the person may remain eligible
				for ALTCS acute care services but shall be disqualified for receiving ALTCS
				coverage under
				42 U.S.C.
				1396 p(c)(1)(E), July 1, 2009, which is
				incorporated by reference and on file with the Administration, and available
				from the U.S. Government Printing Office, Mail Stop: IDCC, 732 N. Capitol
				Street, NW, Washington, DC, 20401. This incorporation by reference contains no
				future editions or amendments.
E. Period
				of disqualification for transfers.
1.
				Calculating a period of disqualification at application. The uncompensated
				value of all transfers shall be divided by the monthly private pay rate. The
				result of this calculation equals the number of months of
				ineligibility.
2. Calculating a
				period of disqualification after approval:
a.
				For one or more transfers occurring in one calendar month or in consecutive
				months, the period of disqualification is determined under subsection (E)(1).
				The period of disqualification begins with the month that the first transfer
				was made.
b. For transfers
				occurring in nonconsecutive calendar months, the period of disqualification for
				each transfer of assets shall be determined separately under subsection (E)(1)
				to determine if the periods of disqualification overlap.
i. Periods of disqualification that overlap
				shall be added together and shall run consecutively, beginning with the month
				the first transfer was made.
ii.
				Periods of disqualification that do not overlap are each applied separately
				beginning the month that the transfer was made.