Medicaid for the Elderly and People with Disabilities Handbook

Chapter I — Transfer of Assets

Reminder: Federal law requires that anyone who wishes to apply for Medicaid be allowed to file an application, regardless of the person's ultimate eligibility for services.

Table of Contents

I-1000

Transfer of Assets

I-1100

Texas Administrative Code Rules

I-1200

Overview of Transfer of Assets

I-1210

Transfer of Assets Terms

I-1300

Transfer of Assets

I-1310

Persons Impacted by Transfer of Assets

I-1320

Applications and Other Actions on or After Oct. 1, 2006

I-1330

Transfer Transaction Date

I-1400

Transfer of Income

I-1500

Participation in Transfers

I-1510

Participation Examples

I-1600

Partial Transfers

I-2000

Look-Back Period

I-2100

Look-Back Policy

I-2110

February 2011 and the 60-Month Look-Back Period

I-2120

Revocable Trusts under Pre- and Post-DRA

I-2130

Irrevocable Trusts

I-2200

Look-Back Situations

I-3000

Exceptions to the Transfer of Assets

I-3100

Transfer of Home

I-3200

Transfer of Other Assets and the Home

I-3300

"For the Sole Benefit" Requirements

I-3400

Examples of Transfer of the Home

I-3500

Spousal Impoverishment Transfer Exceptions

I-3510

Spousal Impoverishment Transfer

I-3520

Spousal Impoverishment Transfer Examples

I-3600

Administrative Procedures of Transfers of Nominal Amounts

I-4000

Determining Uncompensated Value

I-4100

Compensation

I-4110

Legal Binding Agreement on or Before the Date of Transfer

I-4120

Forms of Compensation

I-4130

Future Compensation

I-4140

Compensation from Services

I-4150

Cash Compensation

I-4160

Examples of Compensation

I-4200

Rebuttal Procedures

I-4210

Notification of Opportunity for Rebuttal

I-4220

Rebuttal of the Presumption

I-4221

Exclusively for Some Purpose Other than to Qualify

I-4300

Undue Hardship

I-4310

Undue Hardship Example

I-5000

Calculation of Penalty Period

I-5100

Transfer of Assets Divisor

I-5200

The Penalty Start Date

I-5210

Examples of the Penalty Start Date

I-5220

Multiple Transfers

I-5221

Multiple Transfers Example

I-5230

Reported Changes and Redeterminations

I-5231

Changes and Redetermination Examples

I-5240

Multiple Transfers – Historical

I-5241

Example Multiple Transfers – Historical

I-5300

§1915(c) Waiver Services and State Supported Living Center Services

I-5310

Post-DRA Transfer of Assets Policy

I-5320

Pre-DRA Transfer of Assets Policy

I-5400

Vendor No. 5997, Mason Manor

I-5500

Transfer Penalties and Institutions for Mental Diseases

I-5600

Apportioning Penalty Period Between Spouses

I-5700

Return of Transferred Asset

I-6000

Purchase of Assets and Transfer of Assets

I-6100

Purchase of a Life Estate

I-6110

Policy Implementation Dates

I-6120

Post-DRA Transfer of Assets Policy

I-6121

One-Year Residency Requirement

I-6200

Purchase of a Promissory Note, Loan or Mortgage

I-6210

Policy Implementation Dates

I-6220

Post-DRA Transfer of Assets Policy

I-7000

Reserved

I-8000

Reserved

I-9000

Pre-Deficit Reduction Act (DRA) Rules

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