In cases where the couple’s total non-exempt assets are less than the minimum spousal share, the institutionalized spouse receives an additional 90-day protected period to transfer assets received after approval for assistance, provided there is a new Intent to Transfer Assets Agreement signed. The additional protected period applies ONLY when the community spouse does not have non-exempt assets equaling the minimum spousal share amount. Do not consider the additional assets available to the institutionalized spouse during this 90 days. Protected periods apply until the minimum spousal share amount is reached.
EXAMPLE: Mr. Baker was admitted to a MO HealthNet certified bed on February 20. Mrs. Baker requested an assessment of assets and an MHABD vendor application on February 21. The couple’s total non-exempt assets were $7,000. The spousal share was the minimum. Mr. Baker transferred the assets to Mrs. Baker within the 90-day protected period. Mr. Baker has remained in a MO HealthNet certified bed since February 20. On July 23, Mr. Baker received a $4,000 inheritance. Because the Baker’s total non-exempt assets in February were only $7,000, Mr. Baker has 90 days from the date of receipt of the $4,000 to transfer it to Mrs. Baker without affecting his vendor eligibility provided he signs another Intent to Transfer Assets Agreement.
On November 4, Mr. Baker received an insurance settlement of $1,000. The total amount of non-exempt assets he has transferred to his wife are $11,000 ($7,000 in February and $4,000 in July). Therefore, Mr. Baker has 90 days to transfer the $1,000 to Mrs. Baker without affecting his vendor eligibility if he signs an Intent to Transfer Assets Agreement.
If the spousal share was equal to or greater than the minimum and the institutionalized spouse receives additional non-exempt assets, consider the additional non-exempt assets available to the institutionalized spouse immediately.