A resource is considered “constructively received” and is counted as if the person has actual possession of it when any of the following are met:
· The person makes advance payments to a nursing facility for the share of cost or other medical expenses that are not due yet.
· The person has refused to accept the resource in the past, but could still accept it.
· The person assigned the resource to someone else, but could revoke the assignment and get the resource back.
If the person can no longer accept the refused resource or it is irrevocably assigned, review it as a transfer. See Chapter 900 for detailed policy about transfers.
See Constructively Received Resources for examples.
Term |
Definition |
Irrevocably Assigned |
A resource has been placed in another's name and only the third party can take the action needed to make the resource available to the customer. |
Proof of advance payment to a nursing facility
Proof of advance payments to a nursing facility includes check stubs, invoices or other documentation of the payment amount and the currently due charges.
Proof of refused or assigned resources
The customer or representative must provide proof that the resource is no longer available or has been irrevocably assigned to someone else, or proof of the resource value. See the specific proof requirements by income type in MA705.
Program |
Legal Authority |
ALTCS |
42 USC 1382b 20 CFR 416.1201(a), (b) and (c) |