Administrative Code Provisions | Idaho Admin. Code r. 16.03.05.841 | 2018
A participant is not subject to the asset transfer penalty for taking any action described in Subsections 841.01 through 841.14 of this rule. Effective Date (4-2-08)
01. Home to Spouse. The asset transferred was a home. Title to the home was transferred to the spouse. Effective Date (7-1-99)
02. Home to Minor Child or Disabled Adult Child. The asset transferred was a home. Title to the home was transferred to the child of the participant or spouse. The child must be under age twenty-one (21) or blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. Effective Date (7-1-99)
03. Home to Brother or Sister. The asset transferred was a home. Title to the home was transferred to a brother or sister of the participant or spouse. The brother or sister must have an equity interest in the transferred home. The brother or sister must reside in that home for at least one (1) year immediately before the month the participant starts long-term care. Effective Date (7-1-99)
04. Home to Adult Child. The asset transferred was a home. Title to the home was transferred to a son or daughter of the participant or spouse, other than a child under the age of twenty-one (21). The son or daughter must reside in that home for at least two (2) years immediately before the month the participant started long-term care. The adult child must prove he provided nursing facility level medical care to the participant which permitted him to live at home rather than enter long-term care. The son or daughter must not have received payment from Medicaid for home and community based services provided to the participant. Effective Date (4-2-08)
05. Benefit of Spouse. The assets were transferred to the participant's spouse or to another person for the sole benefit of the spouse. Effective Date (7-1-99)
06. Transfer From Spouse. The assets were transferred from the participant's spouse to another person for the sole benefit of the participant's spouse. Effective Date (7-1-99)
07. Transfer to Child. The assets were transferred to the participant's child, or to a trust established solely for the benefit of the participant's child. The child must be blind or totally disabled under Social Security and SSI rules in 20 CFR Part 416. The child may be any age. Effective Date (7-1-99)
08. Intent to Get Fair Market Value. The participant or spouse proves he intended to dispose of the assets at fair market value or for other adequate consideration. Effective Date (7-1-99)
09. Assets Returned. All assets transferred for less than fair market value have been returned to the participant. Effective Date (7-1-99)
10. Medicaid Qualification Not the Intent. The participant or spouse proves the assets were transferred exclusively for a purpose other than to qualify for Medicaid or to avoid recovery. Effective Date (3-20-04)
11. Undue Hardship. The participant, his representative, or the facility in which he resides may request the hardship waiver. The hardship waiver must be requested in writing within ten (10) days of the date of the asset transfer penalty notice. Undue hardship exists if any of the conditions in Subsections 841.11.a. through 841.11.d. of this rule apply. Effective Date (4-2-08)
a. The participant proves he is not able to pay for his nursing facility services or his wavier services by any means. Effective Date (3-30-07)
b. The participant proves that he has made reasonable efforts, consistent with his physical and financial ability, to recover the transferred asset. The participant must fully cooperate with the state of Idaho in efforts to recover the transferred asset and, upon request, must assign his rights to recover the asset to the State of Idaho. Effective Date (3-30-07)
c. The participant proves he did not knowingly transfer the asset. Effective Date (3-30-07)
d. The participant proves he would be deprived of food, clothing, shelter or other necessities of life if the asset transfer penalty is imposed and he assigns his rights to recover the asset to the State of Idaho. Effective Date (3-30-07)
12. Exception to Fair Market Value. The amount received is adequate, even if not fair market value.
This exception must meet one (1) of the conditions in Subsections 841.12.a. through 841.12.c. of this rule. Effective Date (4-2-08)
a. A forced sale was done under reasonable circumstances. Effective Date (7-1-99)
b. Little or no market demand exists for the type of asset transferred and the lack of market demand was not created by a voluntary act of the participant to qualify for assistance or to avoid recovery. Effective Date (4-2-08)
c. The asset was transferred to settle a legal debt approximately equal to the fair market value of the transferred asset. Effective Date (7-1-99)
13. No Benefit to Participant. The participant received no benefit from the asset. This exception must meet one (1) of the conditions in Subsections 841.13.a. and 841.13.b. of this rule. Effective Date (4-2-08)
a. The participant or spouse held title to the property only as a trustee for another person. The participant or spouse had no beneficial interest in the property. Effective Date (7-1-99)
b. The transfer was done to clear title to property. The participant or spouse had no beneficial interest in the property. The defect in the title was not created in an attempt to transfer assets to qualify for assistance or avoid recovery. Effective Date (3-30-07)
14. Fraud Victim. The asset was transferred because the participant or spouse was the victim of fraud, misrepresentation, or coercion. The participant or spouse must take all possible steps to recover the assets or property, or its equivalent in damages and must assign recovery rights to the state of Idaho. Effective Date (3-20-04)