2-009.10B2b Period of Ineligibility

If the worker determines that an individual disposed of a resource, the applicant or recipient is ineligible for medical assistance for the number of months determined by dividing the countable value of the resource by the actual monthly cost of care in the specified living arrangement at the current private pay rate.  The period of ineligibility begins with the month of disposal, even if the client was not in a specified living arrangement during the time.

When deprivation of resources is discovered after Medicaid eligibility is established in a specified living arrangement, the period of ineligibility begins with the first month possible, given ten days notice.

If the division results in a fraction, the worker rounds down to the nearest whole number.

See 469-000-315, examples of transactions on or after February 8, 2006.

In determining the period of ineligibility, the worker uses the fair market value of the transferred resource only.  The value of other resources and income are not included in the calculation.

For periodic disposals within the look back period, the worker determines each separately; the periods of ineligibility run consecutively.

The remaining time of ineligibility is divided by two and shared by the couple if the community spouse enters one of the living arrangements listed in 469 NAC 2-009.10B during the period of ineligibility of the institutionalized spouse.