Common use of Non-sellable property agreements Clause in Contracts

Non-sellable property agreements. If the terms of the agreement prohibit or prevent the sale of the agreement, then the assets given in exchange for the agreement will be deemed improperly transferred in accordance with the provisions in the transfer of resources rule 5160:1-3-07.2 of the Administrative Code, if the exchange occurred within the applicable look-back period. (a) The total value of resources improperly transferred is the value of the assets originally exchanged for the agreement, reduced by the sum total of any repayments made on or before the date of application for medicaid. (b) The period of restricted coverage must not be reduced based upon anticipated, estimated, or projected future payments to be made under the agreement. (c) The individual may seek a new eligibility determination and/or a recalculation of the restricted period of coverage based only upon actual repayments made under the terms of the agreement. For the restricted medicaid coverage period to be recalculated the agreement must be paid in full and in accordance with 5160:1-3-07.2 of the Administrative Code. (d) If the sum total of all repayments made under the agreement are less than the original value of the assets given in exchange for the agreement, then the difference will be deemed improperly transferred if the exchange occurred within the applicable look-back period.

Appears in 2 contracts

Sources: Medicaid Property Agreements, Property Agreement

Non-sellable property agreements. If the terms of the agreement prohibit or prevent the sale of the agreement, then the assets given in exchange for the agreement will be deemed improperly transferred in accordance with the provisions in the transfer of resources rule in Chapter 5160:1-3-07.2 07 of the Administrative Code, if the exchange occurred within the applicable look-back period. (a) The total value of resources improperly transferred is the value of the assets originally exchanged for the agreement, reduced by the sum total of any repayments made on or before the date of application for medicaid. (b) The period of restricted coverage must not be reduced based upon anticipated, estimated, or projected future payments to be made under the agreement. (c) The individual may seek a new eligibility determination and/or a recalculation of the restricted period of coverage based only upon actual repayments made under the terms of the agreement. For the restricted medicaid coverage period to be recalculated the agreement must be paid in full and in accordance with 5160:1-3-07.2 of the Administrative Code. (d) If the sum total of all repayments made under the agreement are less than the original value of the assets given in exchange for the agreement, then the difference will be deemed improperly transferred if the exchange occurred within the applicable look-back period.

Appears in 1 contract

Sources: Property Agreement