(Revised 7/1/09 ML #3183)
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IM 5335
(N.D.A.C. Sections 75-02-02.1-33.1 and 75-02-02.1-33.2)
Where any income or asset is transferred to a relative for services or assistance furnished by the relative, the services or assistance furnished may not be treated as consideration for the transferred income or asset unless:
- The transfer is made pursuant to a valid written contract entered into prior to rendering the services;
- The contract was executed by the individual or the individual's fiduciary who is not a provider of services or assistance under the contract;
Example: It is acceptable for a Medicaid recipient’s fiduciary to sign the contract to have a third party provide the services.
Example: It is not acceptable for a Medicaid recipient’s fiduciary to sign the contract to have the fiduciary provide the services.
Example: It is acceptable for a competent Medicaid recipient to sign the contract to have the fiduciary provide the services.
- Compensation is consistent with rates paid in the open market for the services actually provided; and
- The parties' course of dealing included paying compensation upon rendering services or assistance, or within 30 days thereafter.
