(Revised 01/03 ML #2849)
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(N.D.A.C. Section 75-02-02.1-33.1)
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An individual is ineligible for nursing facility services, swing-bed services, and HCBS if the individual or the spouse of the individual disposes of assets or income for less than market value on or after the look-back date. (Transfers by a parent do not affect a child’s coverage of nursing facility services and vice versa.)
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The look-back date (other than for transfers to or from a trust described in subsection 3) is a date that is thirty-six months before the date on which the individual is both an institutionalized person, or is in receipt of home and community based services, and has applied for benefits under this chapter, without regard to the action taken on the application.
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The look-back date for income or assets transferred to an irrevocable trust, or from a revocable or irrevocable trust, established by an applicant, a recipient, their spouse, or any one acting on their behalf, other than by will, after August 10, 1993, is a date that is 60 months before the date on which the individual is both an institutionalized person, or is in receipt of HCBS, and has applied for benefits under this chapter, without regard to the action taken on the application.
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A transfer is complete when the individual (or the individual's spouse) making the transfer has no lawful means of undoing the transfer or requiring a restoration of ownership.
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The provisions of this section do not apply in determining eligibility for the Medicare Savings Programs.
