208.213. Personal care contracts, effect on eligibility. - Missouri Statutes

Personal care contracts, effect on eligibility.

208.213. 1. In determining if an institutionalized individual isineligible for the periods and reasons specified in 42 U.S.C. Section1396p, a personal care contract received in exchange for personal property,real property, or cash and securities is fair and valuable considerationonly if:

(1) There is a written agreement between the individual orindividuals providing services and the individual receiving care whichspecifies the type, frequency, and duration of the services to be providedthat was signed and dated on or before the date the services began;

(2) The services do not duplicate those which another party is beingpaid to provide;

(3) The individual receiving the services has a documented need forthe personal care services provided;

(4) The services are essential to avoid institutionalization of theindividual receiving benefit of the services;

(5) Compensation for the services shall be made at the time servicesare performed or within two months of the provision of the services; and

(6) The fair market value of the services provided prior to the monthof institutionalization is equal to the fair market value of the assetsexchanged for the services.

2. The fair market value for services provided shall be based on thecurrent rate paid to providers of such services in the county of residence.

(L. 2007 S.B. 577)