Arkansas Administrative Code › Agency 016 - DEPARTMENT OF HUMAN SERVICES › Division 20 - Division of County Operations › Rule 016.20.18-009 - Medical Services Policy H-300 - H-325 Transfer of Resources

Current through Register Vol. 49, No. 6, June, 2024
H-300 Transfer of
			 Resources
MS Manual 01/01/19
Transfer of resources applies to nursing facility, Home and
				Community Based Waivers (HCBS) including DDS and PACE (LTC) cases.
Exception to PACE: The transfer of resources policy (Re.
MS H-308
) will be reviewed with the PACE applicant at
				the time he or she enters the program. Transfer of resource provisions will
				apply only if the PACE participant enters a nursing facility. If assets have
				been transferred during the look back period from the time of entry into the
				nursing facility, a period of ineligibility for PACE services will be imposed
				for uncompensated value based on the current divisor. The look back period will
				begin with the date of entry to the facility,
MS
				H-302
. It will be necessary for the PACE recipient to drop out of
				the PACE program when he or she enters a nursing facility when under a penalty
				for non-compensated transfer. When the penalty period ends, the individual may
				be considered for readmission to the PACE program. The transfer of resources
				penalty does not apply to PACE individuals in the community.
H-301 Transfer of Resources Definition
MS Manual 01/01/19
A transfer of a resource occurs when an individual, the
				individual's spouse or an Authorized Representative of either of them gives
				away or sells property that belongs to the individual or spouse. Valid
				transfers of resource ownership may occur through any of the following types of
				transactions:
* Sale of property;
* Trade or exchange of one property for another;
* Spend-down of cash;
* Giving away cash;
* The establishment of or placement into a trust;
* Transferring any financial instrument (e.g., stocks, bonds);
				or
* Giving away property (including adding another person's name
				as an owner of the property).
The policy for the transfer of resources for less than fair
				market value (FMV) applies only to individuals applying for or receiving Long
				Term Services and Supports (Re.
MS H-303
). The
				treatment of resource transfers for less than fair market value made by an
				applicant/recipient, his/her eligible spouse, or his/her representative is
				governed by the date of transfer, the institutional or waiver status of the
				applicant/recipient, and whether the transfer was to the applicant/recipient's
				spouse.
A transfer of a resource made by an applicant/recipient,
				his/her eligible spouse, or a representative acting on their behalf must be
				verified and evaluated to determine:
1. Whether the transfer is validly
			 irrevocable;
2. Whether any
			 interest remains legally available to the individual or is declared by the
			 current legal owner(s) to be available; and
3. Whether a resource was transferred for
			 less than fair market value within the applicable look back period preceding
			 the date of application/redetermination. (Re.
MS
			 H-303
)
When it is determined that an applicant/recipient, his/her
				eligible spouse, or representative has the authority or ability to revoke the
				transfer and regain the transferred interest, the value of such interest will
				be included with countable resources.
When it is determined that an applicant/recipient or his/her
				eligible spouse has remaining interest or ownership in a transferred resource,
				the value of such interest will be included with countable resources.
NOTE:
The above guidelines apply not
				only to an applicant/recipient or his/her eligible spouse but also to any
				fiduciary or individual legally authorized to act on their behalf, such as
				holder of power of attorney, parent of a minor child, guardian, etc. The
				guidelines also apply to other persons acting on behalf of the
				applicant/recipient or eligible spouse, e.g., an ineligible
				spouse.