[WSBAPT] Clarification on Asset Transfers for Apple Health/Medicaid Eligibility (non-long-term care)

[David Faber]

The 5-year look-back applies to transfers made prior to the application
date for long-term care assistance through medicaid, but I cannot find a
comparable legal requirement for standard Apple Health/Medicaid eligibility
for low-income persons who are *not *seeking long-term care. Does anyone
know of such a legal standard?

Long and the short of it is that client is low-income and received a $30k
settlement. She wants to hold on to those resources so she can use the
funds as a down payment on a house and eventually get herself off of HUD
assistance and her mother is willing to hold those resources for that
purpose (yep, I understand the gift tax return requirements and that she
would lose all control and ownership of the funds). I have told her about
the possibility of doing a d4a trust, but the payback requirements are
anathema to her when her goal is to use the funds to buy a house. Chatting
with other colleagues and researching has suggested that there's no
limitation under Apple Health on her just gifting the money to her mother.

Any thoughts or different interpretation (other than the potential moral
problem of her relying on public resources when she has private
resources--though I think her reasoning is just and will ultimately save
the public more)?

Best,
David J. Faber
Faber Feinson PLLC
210 Polk Street, Suite 1
Port Townsend, WA 98368
(360) 379-4110

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