LENGTHENING LOOK-BACK PERIOD; CHANGE IN BEGINNING DATE FOR PERIOD OF INELIGIBILITY.

SEC. 6011. LENGTHENING LOOK-BACK PERIOD; CHANGE IN BEGINNING DATE FOR PERIOD OF INELIGIBILITY.(a) Lengthening Look-Back Period for All Disposals to 5 Years.—Section 1917(c)(1)(B)(i) of the Social Security Act (42 U.S.C. 1396p(c)(1)(B)(i)) is amended by inserting “or in the case of any other disposal of assets made on or after the date of the enactment of the Deficit Reduction Act of 2005” before “, 60 months”.(b) Change in Beginning Date for Period of Ineligibility.—Section 1917(c)(1)(D) of such Act (42 U.S.C. 1396p(c)(1)(D)) is amended—(1) by striking “(D) The date” and inserting “(D)(i) In the case of a transfer of asset made before the date of the enactment of the Deficit Reduction Act of 2005, the date”; and(2) by adding at the end the following new clause:“(ii) In the case of a transfer of asset made on or after the date of the enactment of the Deficit Reduction Act of 2005, the date specified in this subparagraph is the first day of a month 120 STAT. 62 during or after which assets have been transferred for less than fair market value, or the date on which the individual is eligible for medical assistance under the State plan and would otherwise be receiving institutional level care described in subparagraph (C) based on an approved application for such care but for the application of the penalty period, whichever is later, and which does not occur during any other period of ineligibility under this subsection.”.(c) Effective Date.—The amendments made by this section shall apply to transfers made on or after the date of the enactment of this Act.(d) Availability of Hardship Waivers.—Each State shall provide for a hardship waiver process in accordance with section 1917(c)(2)(D) of the Social Security Act (42 U.S.C. 1396p(c)(2)(D))—(1) under which an undue hardship exists when application of the transfer of assets provision would deprive the individual—(A) of medical care such that the individual’s health or life would be endangered; or(B) of food, clothing, shelter, or other necessities of life; and(2) which provides for—(A) notice to recipients that an undue hardship exception exists;(B) a timely process for determining whether an undue hardship waiver will be granted; and(C) a process under which an adverse determination can be appealed.(e) Additional Provisions on Hardship Waivers.—(1) Application by facility.—Section 1917(c)(2) of the Social Security Act (42 U.S.C. 1396p(c)(2)) is amended—(A) by striking the semicolon at the end of subparagraph (D) and inserting a period; and(B) by adding after and below such subparagraph the following:“The procedures established under subparagraph (D) shall permit the facility in which the institutionalized individual is residing to file an undue hardship waiver application on behalf of the individual with the consent of the individual or the personal representative of the individual.”.(2) Authority to make bed hold payments for hardship applicants.—Such section is further amended by adding at the end the following: “While an application for an undue hardship waiver is pending under subparagraph (D) in the case of an individual who is a resident of a nursing facility, if the application meets such criteria as the Secretary specifies, the State may provide for payments for nursing facility services in order to hold the bed for the individual at the facility, but not in excess of payments for 30 days.”.