OAR 461-140-0220. Determining if a Transfer of an Asset is Disqualifying

A transfer of an asset is not disqualifying if the requirements of OAR 461-140-0242 or one of the following sections are met: (1) The asset was excluded as personal belongings as described in OAR 461-145-0390. (2) The asset was sold or traded for compensation equal to or greater than fair market value. (3) The transfer settled a legally enforceable claim against the asset or individual. (4) The amount of the resource was equal to or less than the amount that was excluded at the initial month (see OAR 461-001-0000) of eligibility under OAR 461-160-0855 due to payments received under a qualified partnership policy (see OAR 461-001-0000). (5) Except for individuals applying for or receiving Department-based nursing facility services or home and community-based care (see OAR 461-001-0030), one of the following is true: (a) A court ordered the transfer; (b) The individual was a victim of fraud, misrepresentation, or coercion, and legal steps have been taken to recover the asset; or (c) The asset was transferred between members of the same financial group, including members who are ineligible noncitizens or disqualified people. (6) For individuals applying for or receiving Department-paid nursing facility services or home and community-based care, one of the following is true: (a) The transfer occurred more than 60 months before the date of request (see OAR 461-115-0030). (b) The asset is an annuity purchased on or after July 1, 2006, and the annuity meets the requirements of OAR 461-145-0022(10). (c) The individual was a victim of fraud, misrepresentation, or coercion, and one of the following is true: (A) Legal steps have been taken to recover the asset; or (B) The individual is unable to take legal action due to incapacity, there is no legal representative who can act on their behalf, and a referral has been made to Oregon Adult Protective Services. (d) There is an institutionalized spouse (see OAR 461-001-0030) and one of the following is true: (A) The transfer is made in accordance with OAR 461-160-0580(3). (B) The asset was transferred to either spouse prior to completing the calculation under OAR 461-160-0580 and remains countable for purposes of completing the calculation.