| | | Sec. 1. Asset transfers for persons in assisted living facilities. Resolved: That the | | Department of Human Services, Bureau of Elder and Adult Services | | shall adopt rules that disqualify persons from eligibility for | | state assistance for the costs of residence in an assisted living | | facility when they transfer certain assets less than 36 months | | prior to moving into the facility, except that, in the case of | | irrevocable trusts, the look-back period is 60 months. In | | adopting the rules, the bureau shall use the same applicable | | criteria and eligibility qualifications as are currently used in | | determining eligibility for Medicaid assistance for institutional | | nursing care services. |
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| | | Rules adopted pursuant to this section are routine technical | | rules as defined in the Maine Revised Statutes, Title 5, chapter | | 375, subchapter II-A. |
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| | | Currently, a person moving into an assisted living facility | | can obtain state funds to offset the cost of the assisted living | | facility. State funding is based on the person's ability to pay | | and includes any assets owned by that person in the determination | | of the ability to pay. A person may avoid the inclusion of those | | assets by transferring them to another person prior to moving to | | the assisted living facility. |
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| | | This resolve requires the Department of Human Services, Bureau | | of Elder and Adult Services to adopt rules similar to those | | currently in place for persons institutionalized in nursing homes | | and seeking Medicaid assistance. The rules must require the | | inclusion in the determination of the level of state assistance | | any qualified assets, as determined by the bureau, transferred | | less than 36 months prior to moving to the assisted living | | facility; for irrevocable trusts, the look-back period is 60 | | months. |
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