Medicaid Policy
Medicaid Policy
Contact DHHS Policy Specialist for Previous Policy (371-2 was renumbered to 575-2 as of November 1, 2017)
The Look-Back Date for Transfers Not Involving a Trust
The look-back period begins the first date on which the person is both in a nursing home or receiving waiver services AND the person applies for Medicaid for nursing home services or the person applies for home and community based waiver services. The look-back period is 60 months prior to the application date. When a current Medicaid recipient enters a nursing home, the date of entry is the application date for nursing home services. For home and community based waivers, the form 927 is proof the individual needs the level of care provided in a nursing home and it sets the date when waiver services will begin. The application date is the first day of the month in which the person has applied AND waiver services will begin.
Assets Transferred to a Trust
Consider assets transferred to an irrevocable trust when the trust does not provide for payments to or for the benefit of the individual are a transfer. The look-back date is 60 months before the date the individual is institutionalized and applies for Medicaid
Assets transferred to a revocable trust are available and not considered a transfer (512-2)
Assets transferred to an irrevocable trust that allows payments to or for the benefit of the individual are available and not considered a transfer (512-2).
A transfer occurs when the assets in an available trust are given or used to benefit someone other than the individual. A transfer also occurs if any action is taken to make some or all of the assets unavailable to the individual. The transfer date is the date on which such actions are taken.
Assets Transferred to or From a Special Needs Trust or a Pooled Trust for a Disabled Person (512-2.3)
A penalty for transfer of assets can occur when:
A Special Needs or Pooled Trust is established for a disabled individual who is 65 years old or older, or
The trust is not used for the sole benefit of the disabled person, or
Assets are transferred to the trust after the individual turns 65.
The look-back date applicable to a transfer to a Special Needs or Pooled Trust for a Disabled Person is 60 months before the date the person is institutionalized and applied for Medicaid. The same look-back period is applied for assets transferred from a trust.