Idaho Administrative Code › Title IDAPA 16 - Health and Welfare, Department of › Rule 16.03.05 - ELIGIBILITY FOR AID TO THE AGED, BLIND, AND DISABLED › Section 16.03.05.841 - PENALTY EXCEPTIONS FOR ASSET TRANSFERS

Current through August 31, 2023
A participant is not subject to the asset transfer penalty for
				taking any action described in Subsections
				841.01 through
				841.14 of this rule.
				(3-17-22)
01.
Home to
			 Spouse
. The asset transferred was a home. Title to the home was
			 transferred to the spouse. (3-17-22)
02.
Home to Minor Child or Disabled
			 Adult Child
. The asset transferred was a home. Title to the home was
			 transferred to the child of the participant or spouse. The child must be under
			 age twenty-one (21) or blind or totally disabled under Social Security and SSI
			 rules in 20 CFR Part 416 . (3-17-22)
03.
Home to Brother or Sister
.
			 The asset transferred was a home. Title to the home was transferred to a
			 brother or sister of the participant or spouse. The brother or sister must have
			 an equity interest in the transferred home. The brother or sister must reside
			 in that home for at least one (1) year immediately before the month the
			 participant starts long-term care. (3-17-22)
04.
Home to Adult Child
. The
			 asset transferred was a home. Title to the home was transferred to a son or
			 daughter of the participant or spouse, other than a child under the age of
			 twenty-one (21). The son or daughter must reside in that home for at least two
			 (2) years immediately before the month the participant started long-term care.
			 The adult child must prove he provided nursing facility level medical care to
			 the participant which permitted him to live at home rather than enter long-term
			 care. The son or daughter must not have received payment from Medicaid for home
			 and community based services provided to the participant. (3-17-22)
05.
Benefit of Spouse
. The
			 assets were transferred to the participant's spouse or to another person for
			 the sole benefit of the spouse. (3-17-22)
06.
Transfer From Spouse
. The
			 assets were transferred from the participant's spouse to another person for the
			 sole benefit of the participant's spouse. (3-17-22)
07.
Transfer to Child
. The
			 assets were transferred to the participant's child, or to a trust established
			 solely for the benefit of the participant's child. The child must be blind or
			 totally disabled under Social Security and SSI rules in 20 CFR Part 416 . The
			 child may be any age. (3-17-22)
08.
Intent to Get Fair Market Value
. The participant or spouse proves
			 he intended to dispose of the assets at fair market value or for other adequate
			 consideration. (3-17-22)
09.
Assets Returned
. All assets transferred for less than fair market
			 value have been returned to the participant. (3-17-22)
10.
Medicaid Qualification Not the
			 Intent
. The participant or spouse proves the assets were transferred
			 exclusively for a purpose other than to qualify for Medicaid or to avoid
			 recovery. (3-17-22)
11.
Undue
			 Hardship
. The participant, his representative, or the facility in which
			 he resides may request the hardship waiver. The hardship waiver must be
			 requested in writing within ten (10) days of the date of the asset transfer
			 penalty notice. Undue hardship exists if any of the conditions in Subsections
			 841.11.a. through 841.11.d. of
			 this rule apply. (3-17-22)
a. The participant
			 proves he is not able to pay for his nursing facility services or his wavier
			 services by any means. (3-17-22)
b.
			 The participant proves that he has made reasonable efforts, consistent with his
			 physical and financial ability, to recover the transferred asset. The
			 participant must fully cooperate with the state of Idaho in efforts to recover
			 the transferred asset and, upon request, must assign his rights to recover the
			 asset to the State of Idaho. (3-17-22)
c. The participant proves he did not
			 knowingly transfer the asset. (3-17-22)
d. The participant proves he would be
			 deprived of food, clothing, shelter or other necessities of life if the asset
			 transfer penalty is imposed and he assigns his rights to recover the asset to
			 the State of Idaho. (3-17-22)