§ 178.125. Transfer of resources from the institutionalized spouse to the community spouse.
(a) Once initial MA eligibility for the institutionalized spouse has been determined, the institutionalized spouse may transfer resources to the community spouse, or to someone else for the sole benefit of the community spouse, to assure the protection of the greatest amount of resources possible for the community spouse. The amount that may be protected may not exceed the spousal share subject to the maximum community spouse resource standard described in § 178.124(a)(3)(i) (relating to resource eligibility for the institutionalized spouse) or the minimum standard community spouse standard described in § 178.124(a)(3)(ii). Amounts in excess of the spousal share are subject to transfer of resource regulations in § 178.101 (relating to disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994) unless § 178.124(a)(3)(iii) applies.
(b) The institutionalized spouse or someone acting on his behalf is given 90 calendar days from the date MA NFC eligibility or eligibility for services in an ICF/MR facility is established to complete the transfer, to initiate court action for a transfer or to petition for the appointment of a guardian or trustee under the requirements in Chapter 163 (relating to guardians and trustees). The transfer period may be longer than 90 calendar days in situations where the court is, or will be, involved in assigning property through support action. The period may also be extended in situations involving the appointment of a guardian or trustee if the person or someone acting on the person’s behalf can show that the appointment and the transfer of the property cannot be completed within 90 calendar days for a reason over which he has no control. Cases involving the appointment of a guardian or trustee will be reviewed on a case-by-case basis.
(c) The institutionalized spouse or someone acting on his behalf shall indicate, in writing, the intent to transfer the resources to the community spouse.
(d) Resources for which no written intent to transfer has been provided or resources not transferred within the 90 calendar day period, or an extended period for resources pending court action, are counted in determining the MA resource eligibility of the institutionalized spouse.
(e) Resources transferred to the community spouse under this section are not counted in determining the continuing MA eligibility of the institutionalized spouse.
Source The provisions of this § 178.125 adopted August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432.
Cross References This section cited in 55 Pa. Code § 178.121 (relating to general).
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