A Transfer Before the Look-Back Period

 

 

Revised 08/07/2020

Policy

A transfer that happened before the look-back period (MA901) does not affect the customer’s eligibility for long term care services.

Exception:

The transfer may have been established within the look-back period of an earlier application. Earlier applications are reviewed to see if there is a penalty period that has not yet ended. If there is a penalty period from an earlier application that has not yet ended, the customer must serve the rest of the penalty period.   

 

Definitions

Term

Definition

Look-Back Period

The 60 month period before the month the customer applies for ALTCS

 

Proof

The customer’s statement that the transfer occurred on a date before the look-back period is accepted unless there is information that makes it questionable.

When needed, proof that a transfer occurred before the look-back period includes:

·        Sales contracts;

·        Receipts;

·        Bank statements;

·        Deeds;

·        Records from the County Assessor or County Recorder showing the date the transfer occurred; and

·        Other documents showing the date of the transfer.

 

Legal Authority

Programs

Legal Authority

ALTCS

42 USC 1396p(c)(2)(A), (B) and (C)

42 USC 1396p(c)(3)

AAC R9-28-401 and 409