Page:United States Statutes at Large Volume 102 Part 1.djvu/799

 PUBLIC LAW 100-360—JULY 1, 1988

102 STAT. 761

period of ineligibility in the case of an institutionalized individual (as defined in paragraph (3)) who, at any time during the 30-month period immediately before the individual's application for medical assistance under the State plan, disposed of resources for less than fair market value. The period of ineligibility shall begin with the month in which such resources were transferred and the number of months in such period shall be equal to the lesser of— "(A) 30 months, or "(B)(i) the total uncompensated value of the resources so transferred, divided by (ii) the average cost, to a private patient at the time of the application, of nursing facility services in the State or, at State option, in the community in which the individual is institutional^ed. "(2) An individual shall not be ineligible for medical assistance by reason of paragraph (1) to the extent that— "(A) the resources transferred were a home and title to the home was transferred to— "(i) the spouse of such individual; "(ii) a child of such individual who is under age 21, or (with respect to States eligible to participate in the State p r c ^ a m established under title XVT) is blind or permanently and totally disabled, or (with respect to States which are not eligible to participate in such program) is blind or disabled as defined in section 1614; "(iii) a sibling of such individual who has an equity interest in such home and who was residing in such individual's home for a period of at least one year immediately before the date of the individual's admission to the medical institution or nursing facility; or "(iv) a son or daughter of such individual (other than a child described in clause (ii)) who was residing in such individual's home for a period of at least two years immediately before the date of such individual's admission to the medical institution or nursing facility, and who (as determined by the State) provided care to such individual which permitted such individual to reside at home rather than in such an institution or facility; "(B) the resources were transferred to (or to another for the sole benefit of) the community spouse, as defined in section 1924(h)(2), or the individual's child who is blind or permanently and totally disabled; "(C) a satisfactory showing is made to the State (in accordance with any regulations promulgated by the Secretary) that (i) the individual intended to dispose of the resources either at fair market value, or for other valuable consideration, or (ii) the resources were transferred exclusively for a purpose other than to qualify for medical assistance; or "(D) the State determines that denial of eligibility would work an undue hardship. "(3) In this subsection, the term 'institutionalized individual' means an individual who is an inpatient in a medical institution or nursing facility. "(4) A State (including a State which has elected treatment under section 1902(f)) may not provide for any period of ineligibility for an individual due to transfer of resources for less than fair market value except in accordance with this subsection.".

Real property.

Children and youth. Blind persons. Handicapped persons.

Children and youth. Blind persons. Handicapped persons.

�