Long Term Care (LTC): Transfer of Assets (Community Spouse) – After Certification

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  1. If the institutionalized spouse’s (IS) name is still on the home property and it is transferred to someone else, it is considered a transfer in proportion to the percentage of ownership.
  2. At the time of redetermination of eligibility the worker needs to verify if anyone else’s name has been added to the home property deed or any other resources held by the IS or CS (community spouse).
  3. If the IS’s name has been removed from the home property deed, and CS subsequently adds someone else’s name to the property, deeds it away or sells the property for less than fair market value, the CS will be subject to the transfer of assets rule if s/he applies for services within the 60 month look back period.
  4. If the CS passes away before the IS, and the IS does not intend to return home or has been in ICF care for 12 months or longer, a lien must be filed on the home property as soon as possible.
  5. If resources, other than the home property, which have been deemed to the CS, are subsequently transferred to someone else, it is a transfer of assets and the penalty will be applied to the IS. 317:35-19-20(5)(H) A penalty would not apply if: the asset was transferred to or from the spouse (CS or IS) or to another person for the sole benefit of the spouse if the assets are not subsequently transferred to still another person for less than fair market value. “Sole benefit” means that the amount transferred will be used for the benefit of the spouse (either CS or IS) during his or her expected life.
  6. The IS must have their name removed from the assets that have been deemed to the CS within 12 months of the certification date. Failure to do so may cause the IS to be resource ineligible 12 months from the certification date.
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