TN 12 (08-00)

A. Introduction

A resource transfer does not affect SSI resource eligibility if it occurred before 12/14/99 but it could affect eligibility for Medicaid. Also, if the resource was not validly transferred, it may still be a countable resource. Therefore, we develop transfers that occur before 12/14/99. This section provides instructions for processing cases in which a resource transfer occurred prior to 12/14/99.

B. Procedure — Transfers occuring before 12/14/99

Use these procedures when the individual has alleged that a resource was transferred prior to 12/14/99.

1. Obtain evidence of the transfer

• If the individual alleges a transfer between 12/1/99 and 12/13/99 , verify the date of the transfer using appropriate documents (receipt, bill of sale, deed, etc.).

• For transfers occurring before 12/1/99, it is not necessary to obtain evidence.

NOTE: Verification is required for transfers alleged to have occurred between 12/1/99 and 12/13/99 because an individual may be confused about the exact legal date of the transfer.

2. Determine the validity of the transfer

Follow the instructions in SI 01150.001B to determine whether the transfer was valid. When property is validly transferred, it no longer counts as a resource as of the first moment of the following month.

3. Document the transfer determination

Follow the instructions in SI 01150.001E to document the transfer and your determination. Do not develop fair market value for transfers occurring before 12/14/99.

4. Process the case

After determining that a valid transfer occurred before 12/14/99, process the case normally.

5. Systems input

Input diary code MN and the date of transfer. This information is needed for Medicaid purposes. For example, if the individual transferred a resource on 11/15/99, input MN111599 (SM 01005.213).

NOTE: On MSSICS, the MN diary is propagated automatically when the Property/Cash Given or Sold (RGIV) page is completed (MSOM INTRANETSSI 013.034).

6. Inform claimants and recipients

Follow the instructions in SI 01150.010. In initial claims and redeterminations, SSA must inform individuals that:

• any transfer, including that of an excluded home, which occurs on or after 7/1/88, may result in ineligibility for Medicaid coverage for nursing home services or home and community based services for up to 36 months from the date of the transfer;

• transfers occurring before 12/14/99 do not affect SSI eligibility.

7. Notify state medicaid agency

Follow the instructions in SI 01150.012 for notifying the State Medicaid agency about the resource transfer.

C. References

Validity of transfer, SI 01150.001

Informing individuals about Medicaid penalty, SI 01150.010

Notifying State Medicaid Agency, SI 01150.012

Diary code, SM 01005.213

MSOM INTRANETSSI 013.034, Property/Cash Given or Sold