Illinois Administrative Code › Title 89 - SOCIAL SERVICES › Part 120 - MEDICAL ASSISTANCE PROGRAMS › Subpart H - MEDICAL ASSISTANCE - NO GRANT (MANG) ELIGIBILITY FACTORS › Section 120.387 - Property Transfers Occurring On or After August 11, 1993 and Before January 1, 2007

Current through Register Vol. 48, No. 28, July 12, 2024
a) The provisions
				for the transfer of assets listed in subsection (e) only apply to
				institutionalized persons when the transfer occurs on or after August 11, 1993
				and before January 1, 2007 or to persons who applied for or whose application
				for long term care assistance was filed or approved prior to January 1, 2012.
				An institutionalized person is defined as a resident of a long term care
				facility, including a resident who was living in the community at the time of
				the transfer, and to individuals who but for the provision of home and
				community-based services under Section 4.02 of the Illinois Act on the Aging
				would require the level of care in a long term care facility. An
				institutionalized person also includes an individual receiving home and
				community-based services under Section 4.02 of the Illinois Act on the Aging
				who was not receiving these services at the time of the transfer.
b) The provisions for the transfer of
				property (e.g., assets) listed in subsection (e) apply to the transfer of
				property by the institutionalized person's spouse in the same manner as if the
				institutionalized person transferred the property.
c) Transfers of property disregarded as a
				result of payments made by a Long Term Care Partnership Insurance Policy (as
				described in 50 Ill. Adm. Code 2018) are not subject to the provisions of this
				Section.
d) A transfer of assets
				occurs when an institutionalized person or an institutionalized person's spouse
				buys, sells or gives away real or personal property or changes (for example,
				change from joint tenancy to tenancy in common) the way property is held.
				Changing ownership of property to a life estate interest is an asset transfer
				(the value of the life estate and remainder interest is determined as described
				at Section
				120.380 and 89 Ill.
				Adm. Code
				113.140 ). For assets held
				in joint tenancy, tenancy in common or similar arrangement, a transfer occurs
				when an action by any person reduces or eliminates the person's ownership or
				control of the asset. A transfer occurs when an action or actions are taken
				that would cause an asset or assets not to be received (e.g., waiving the right
				to receive an inheritance).
e) A
				transfer is allowable if:
1) depending on the
				property transferred, the transfer occurred more than either 60 or 36 months
				before the date of application, or more than either 60 or 36 months before
				entry into a long term care facility or more than either 60 or 36 months before
				receipt of services provided by the Illinois Department on Aging under the
				In-Home Care Program (as described in 89 Ill. Adm. Code
				140.643 );
A) the 60 month period applies to payments
				from a revocable trust that are not treated as income (as described in Section
				120.347
				) and to portions of an irrevocable trust from which no payments could be made
				(as described in Section 120.347);
B) the 36 month period applies to payments
				from an irrevocable trust that are not treated as income (as described in
				Section 120.347) and to any other property transfers not identified in this
				subsection;