IM-98 December 3, 2012; IM-42 June 23, 1994
Section 6011 of the Deficit Reduction Act (DRA) of 2005 amended Section 1917(c)(1)(B)(i) of the Social Security Act to lengthen the look-back period to 60 months for all transfers of property occurring on or after February 8, 2006. Previously, the look-back policy for transfers not involving annuities or trusts was thirty-six months. Transfers of annuities and trusts already had a look-back period of sixty months.
Section 6011 of the DRA of 2005 amended Section 1917(c)(1)(D) changing the beginning date of the period of ineligibility for MO HealthNet vendor or Home and Community Based (HCB) benefits. For transfers occurring on or after February 8, 2006, the beginning date for the period of ineligibility is the latter of:
- the first day of the month in which the transfer occurred; or
- the date the individual would have been eligible for institutionalized level of care (were it not for the penalty period).
Multiple periods of ineligibility are figured consecutively.
If a transfer becomes known or if the applicant/participant reports a transfer within the look-back period, determine the first date on which the applicant/participant was both institutionalized and was applying for or receiving vendor or HCB benefits. If a transfer without ‘fair and valuable consideration’ occurred, determine the length and start date of the penalty period, see IM Manual section 1040.020.40 Determining the Penalty Period.