Pennsylvania Code › Title 55 - HUMAN SERVICES › Part II - Public Assistance Manual › Subpart D - Determination of Need and Amount of Assistance › Chapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MA › Subchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA › RESOURCE ELIGIBILITY REQUIREMENTS FOR AN INSTITUTIONALIZED SPOUSE WITH A COMMUNITY SPOUSE › Section 178.125 - Transfer of resources from the institutionalized spouse to the community spouse

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Once initial
						MA eligibility for the institutionalized spouse has been determined, the
						institutionalized spouse may transfer resources to the community spouse, or to
						someone else for the sole benefit of the community spouse, to assure the
						protection of the greatest amount of resources possible for the community
						spouse. The amount that may be protected may not exceed the spousal share
						subject to the maximum community spouse resource standard described in §
												178.124(a)(3)(i)
						(relating to resource eligibility for the institutionalized spouse) or the
						minimum standard community spouse standard described in §
												178.124(a)(3)(ii).
						Amounts in excess of the spousal share are subject to transfer of resource
						regulations in §
												178.101 (relating to disposition
						of property and fair consideration provisions for transfers during the period
						of January 4, 1991, through July 29, 1994) unless § 178.124(a)(3)(iii)
						applies.
(b) The institutionalized
						spouse or someone acting on his behalf is given 90 calendar days from the date
						MA NFC eligibility or eligibility for services in an ICF/MR facility is
						established to complete the transfer, to initiate court action for a transfer
						or to petition for the appointment of a guardian or trustee under the
						requirements in Chapter 163 (relating to guardians and trustees). The transfer
						period may be longer than 90 calendar days in situations where the court is, or
						will be, involved in assigning property through support action. The period may
						also be extended in situations involving the appointment of a guardian or
						trustee if the person or someone acting on the person's behalf can show that
						the appointment and the transfer of the property cannot be completed within 90
						calendar days for a reason over which he has no control. Cases involving the
						appointment of a guardian or trustee will be reviewed on a case-by-case
						basis.
(c) The institutionalized
						spouse or someone acting on his behalf shall indicate, in writing, the intent
						to transfer the resources to the community spouse.
(d) Resources for which no written intent to
						transfer has been provided or resources not transferred within the 90 calendar
						day period, or an extended period for resources pending court action, are
						counted in determining the MA resource eligibility of the institutionalized
						spouse.
(e) Resources transferred
						to the community spouse under this section are not counted in determining the
						continuing MA eligibility of the institutionalized spouse.
This section cited in 55 Pa. Code §
														178.121 (relating to
							 general).