The following are FAQs regarding home property and the Long Term Care program:

1. The client reports that they have sold their home for $80,000. Do we have to send out an ADM-92 requesting the spenddown allowing the 10 days, or do we close the case since we know they are over the resource standard for ADvantage and Nursing Home?

The case can be closed without sending an ADM-92. Document in case notes. Need verification of sale agreement, spenddown.

2. Do we deny a nursing home case if we do not receive back the property forms, MA-10 and FSS-ML-1?

Home property forms are required.

3. For property transfers do we use the date that it was signed and notarized or the date it was actually filed?

We use the date signed, notarized, and delivered to the person who is going to receive it.

4. Is Common Law recognized if the name is on the home property?

If they acknowledge they are married.

5. If there was an allowable transfer of home property, but the deed hasn’t been filed (at the time of transfer the child was under 21) but now the child is over 21, is this an allowable transfer?

If the deed was signed, notarized, and delivered to child when they were younger than 21, than it is allowable. If this occurred at age 21 or after, then it is not an allowable transfer.

6. Client has been private paying for 3 years and now need state assistance. Does the 12 month mark start at that time, or from the date they entered ICF?

Date of ICF entry.

7. If the institutionalized spouse and community spouse’s name is on the home property, it sells, and the community spouse’s name is the only one on the new property; do we split the money received after the new property is purchased or do we not since the institutionalized name is not on this property?

The money is split because the institutionalized spouse’s name was on it when it was sold. If reinvested in new property, half of the excess after.

8. What kind of verification do we need to prove that the child has resided and provided care for the institutionalized spouse for 2 years prior to ICF admission? What if the child always used a PO Box and has no records of any mail being sent to that home, the neighbors are all family, so that collateral source might not be viable?

Other options for verification maybe a Doctor, Pastor, Pharmacist, Postal Carrier, or Banker.

9. If a client decides to transfer the property to a disabled child, does the child have to be living in the home? The child is considered to be disabled but lives out of state?

It is considered to be an allowable transfer. In order for the home exemption to count, the disabled child would have to be living in the home until it was transferred.

10. If the client is living in the home and has mineral rights, the home property is exempt. Are they still exempt if the client goes into the nursing home and there is no exemption on the property?

Yes and the lien will go on both the home and the mineral rights because they are on the same deed.

11. Do we exempt the mineral rights for 12 months like the home property or do we count it as a resource?

The mineral rights are a part of the home property.

12. Aged client received home property through death of parent; there was no will or probate. How do we address the property when still in the name of the deceased parent?

Must take steps to probate for a legal impediment. Only if value of what they would get is less than cost to probate would they not have to do it.

13. How do we determine the value of the property when the client is unable to get an estimate due to cost? Do we use the assessor full market value even though it tends to be lower than a typical full market value from a realtor, banker, or auctioneer?

The client’s bank or even some realtors can give a value for free or a nominal fee. Yes, you may use the county tax assessors value.

14. Can you do reasonable effort to sale 90 days, while the patient is in the nursing home?

Yes there can be good faith efforts to sale, if we can’t file the lien.

15. Client entered nursing home in skilled then transitioned to LTC. Which date is used to determine the 12 months to file a lien on the home property?

Entry date into the nursing home.

16. If they are under 55 years of age, do they have to sign the intent to return home paperwork? What about age 54 about to turn 55? What happens to the home property if the client is less than 55 years of age and has no exemptions?

Yes, they must sign the paperwork with intent to return to home in both instances. The age of 55 is considered only if a lien can be filed. They still get the 12 months, and after it is up, then if they are not yet 55, it counts as a resource unless there are good faith efforts to sell.

17. Who provides the county with the lien determination? At review and we haven’t received paperwork that the lien was filed. Who do we contact?

OHCA sends HRMS a list. OHCA will only file a lien after one year of compensated care.

18. To transfer the home without penalty to the child residing in the home for 2 years and providing care, does the child have to be a biological child? How much detail do we need to go into determine a child has lived there for 2 years?

Yes, biological or adopted. For the two year period for an allowable transfer, the child must be using the parent’s address as their residence. If it is questionable, we may need collaborating statements from individuals such as pastors, pharmacists, or other entities.

19. What happens when the caseworker finds out after the fact that a home property was sold and no lien was filed?

Consider as a lump sum resource and spenddown required.

20. Home property was put in a trust (unsure of the date) but the client is now putting property in children’s name. When doing the transfer penalty period, do we look at the date it was put in the trust or date it is put in children’s name?

Resource when in the trust if revocable. We look at the transfer the date it was put in the children’s name. If irrevocable, the date is the date the trust was established.

21. What is the date of eligibility when home property is removed from the trust? Can the date certified be date of application if otherwise eligible or date restored?

If they take the home property out of the trust before we certify, we can go back. We cannot go back if they reapply later. Contact HRMS, if questionable extending circumstances if they couldn’t.

22. What if the institutionalized spouse does not get their proceeds from the sale of the home?

Consider it a transfer unless the funds went into purchasing another home.

23. How is home property treated when it is in foreclosure?

A home cannot be exempt when it’s “in the process” of foreclosure. The equity in the home is a resource until it is “in foreclosure. Once it is in foreclosure – it is exempt because there is a legal impediment.