32.1-325.02 - Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances.

VIRGINIA STATUTES AND CODES

32.1-325.02 - Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances.

§ 32.1-325.02. Determinations of assets; disclaimers of interests to beconsidered uncompensated transfers of assets for Medicaid eligibilitypurposes under certain circumstances.

A. When determining eligibility for medical assistance services, "assets"means, in regard to an individual, all income and resources of the individualand the individual's spouse, including, but not limited to, any income orresources which the individual or such individual's spouse is or becomesentitled to, but does not receive, because of any action by such individualor such individual's spouse, or by a person, including a court oradministrative body, with legal authority to act in the place of or on behalfof the individual or such individual's spouse, or by any person, includingany court or administrative body, acting at the direction of or upon therequest of the individual or such individual's spouse.

B. For the sole purpose of determining eligibility for medical assistanceservices as provided in this title, Chapter 5 (§ 63.2-500 et seq.) of Title63.2, and the regulations of the Department of Medical Assistance Services,any disclaimer of succession pursuant to Chapter 8.1 (§ 64.1-196.1 et seq.)of Title 64.1 shall be considered an uncompensated transfer of assets equalto the value of any interest disclaimed by any person who would, by reason ofthe disclaimer of succession, retain Medicaid eligibility or become eligiblefor medical assistance within (i) 36 months of the date that the disclaimerinstrument is filed with a court of competent jurisdiction when thedisclaimer instrument relates to any property other than property passedthrough a trust or (ii) 60 months of the date that the disclaimer instrumentis filed with a court of competent jurisdiction when the disclaimerinstrument relates to payments from a trust or portions of a trust.

(1994, c. 765; 2003, c. 253.)