415.09 Transfers by the Community Spouse of an Institutionalized Individual (MAM)

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Assets Transferred On or After 1/1/24

Evaluate all transfers of assets or the home that is transferred:

•       for less than fair market value; and

•     within 36 months, or for up to 60 months if deemed necessary by the Department based upon case specific information or circumstances described in Section 415.03, Look-back Period for Transfers of Assets.

Assets Transferred On or After 2/8/06

Evaluate all transfer of assets or the home that is transferred:

•       for less than fair market value; and

•       within 60 months prior to the date of application.

Assets Transferred Prior to 2/8/06

Evaluate all transfer of assets or the home that is transferred for less than fair market value:

•       within 36 months prior to the institutionalized individual’s application for medical assistance; or

•       within 60 months prior to the application for medical assistance or institutionalization of the spouse if assets were transferred to a trust.

References: He-W 820.03; 42 USC 1396p; RSA 167:4, I(b)