TN 5 (03-12)
SI 00604.078 Transfer of Resources: Question 47
A. Transfer of resources policy
Public Law (P.L.) 100-169 (Foster Care Independence Act of 1999) requires us to determine if a claimant is ineligible for Supplemental Security Income (SSI) due to transfer of resources for less than fair market value within 36 months prior to the filing date month. Section 1917(c) of the Social Security Act requires us to obtain transfer of resource information needed for State Medicaid eligibility determinations. (For required development, see SI 01150.001.)
B. When to complete question 47
Complete 47(a) and (b) for all claimants. Complete (c) if either (a) or (b) are answered "YES"; otherwise, go to question 48.
1. Explanation of resource transfers to claimants
Regardless of the response to question 47(a) and (b), inform all claimants that resource transfers at less than fair market value may have an effect not only on SSI eligibility but also on Medicaid eligibility.
a. Use of Transfer of Asset handout
Using the Transfer of Asset Handout in SI 01150.010, explain that the Medicare Catastrophic Coverage Act (MCCA) provision in 1917(c) affects Medicaid covered nursing care services eligibility for claimants:
entering medical institutions;
currently in institutions; and
receiving nursing care services at home and in the community.
b. Explanation of sharing obtained information
Explain that we will share the information we obtain with State agencies for Medicaid eligibility purposes.
2. Notice requirement
Provide all claimants with the Transfer of Assets language regardless of the answer to question 47. For instructions on notifying claimants of the effect transferring resources may have on Medicaid eligibility, see SI 01150.010. For instructions on notifying a State Medicaid Agency about transferred resources, see SI 01150.012.
NOTE: Providing this language is in addition to any other automated or manual notice.
SI 01150.001 What is a Resource Transfer
SI 01150.003 Summary of Procedures for Processing Resource Transfers
SI 01150.126 Exceptions: Undue Hardship
MSOM MSSICS 013.014 Property/Cash Given or Sold (RGIV)
SI 01730.046 Transfer of Assets for Medicaid Purposes