| The Old Rules Prior to DRA - 05 |
The New Rules Post DRA - 05 |
| State Division of Medicaid Assistance |
Office of Medicaid |
| 3 year (36 month) look-back period for transfers to individuals; 5 year (60 month) look-back period for transfers into/out of trust |
5 year (60 month) look-back period for all Transfers |
| Penalty period began to run from the 1st of the month, in which the transfer was made |
Penalty period does not begin to run until the applicant is in the nursing home, applies for Medicaid and is otherwise eligible |
| Additional funds could be used to purchase non-countable annuities |
Annuities for institutional spouse requires the State be named as the primary beneficiary |
| First $99,540. could be kept by the community spouse |
First $101,640. may be kept by the community spouse |
| Enhanced CSRA would come from the couples' assets, above the $99,540. |
Enhanced CSRA must first come from the institutionalized spouse's income and then if additional funds are needed they may be taken from the assets above $101,640. |
| House value was not a factor |
House value over $750,000. is now countable if spouse or disabled child is not living there |
| CCRC entrance fee refunds were not considered |
CCRC entrance fee refunds are considered countable assets |
| Promissory Notes were not monitored |
Promissory Notes must be "actuarially sound" |
| Life estates could be purchased without restriction |
Life estates can be purchased under certain restrictions |
| States had the option to disregard fractional transfers |
States are required to impose penalty periods no matter how small the transfer |