DHS 103.063(3)(d)3.b.b. The title to the homestead was transferred to the individual’s spouse or child who is under age 21 or is blind or totally and permanently disabled according to a determination made by the department’s bureau of social security disability insurance;

DHS 103.065(1)(1) Applicability. This section applies to all institutionalized applicants for and recipients of MA who dispose of resources at less than fair market value on or after August 9, 1989, except for inter-spousal transfers occurring before October 1, 1989, and to all institutionalized applicants for and recipients of MA whose spouse disposes of resources at less than fair market value on or after July 1, 1990. Section DHS 103.063 applies to all applicants and recipients who divested before August 9, 1989 and to inter-spousal transfers occurring before October 1, 1989.

DHS 103.065(2)(2) Purpose. This section implements s. 49.453, Stats., which provides for a period of restricted MA coverage when an individual who is institutionalized or becomes institutionalized, or the individual’s spouse, disposes of resources at less than fair market value.

DHS 103.065(3)(a)(a) “Annuity” means a written contract under which, in return for payment of a premium or premiums, an individual or individuals have the right to receive fixed, periodic payments for life or up to a fixed point in time.

DHS 103.065(3)(b)(b) “Community spouse” means a person who is legally married as recognized under state law to an institutionalized individual but is not himself or herself an institutionalized individual.

DHS 103.065(3)(c)(c) “Expected value of the benefit” means the amount that an irrevocable annuity will pay to a primary annuitant or to joint annuitants during his or her expected lifetime.

DHS 103.065(3)(d)(d) “Institutionalized individual” means an applicant or recipient who is an inpatient in an SNF or ICF, an inpatient in a medical institution and with respect to whom payment is made based on a level of care provided in an SNF or ICF, or receiving home and community-based care MA services under ss. 49.46 and 49.47, Stats.

DHS 103.065(3)(e)(e) “Joint annuitants” means the institutionalized individual and his or her spouse named as the payees under an annuity.

DHS 103.065(3)(f)(f) “Medical assistance” or “MA” means payment for services provided to a resident of an SNF or ICF under s. DHS 107.09 (2) and (4) (a), payment to a medical institution as defined under 42 CFR 435.1009 for care based on a level of care provided in an SNF or ICF, or payment for services provided under a home and community-based care waiver program authorized under 42 USC 1396n (c).

DHS 103.065(3)(g)(g) “Medical assistance card services” means the services covered under ch. DHS 107, except for services reimbursed as institutional care, as defined by s. DHS 107.09 (2) and (4) (a), services received in an SNF or ICF or a medical institution and services reimbursed under a home and community-based care waiver program authorized under 42 USC 1396n (c).

DHS 103.065(3)(h)(h) “MA eligibility handbook” means the medical assistance program handbook issued by the department’s division of economic support for use by agencies in determining eligibility for MA.

DHS 103.065(3)(i)(i) “Primary annuitant” means the first individual, which may be either the institutionalized individual or his or her spouse, to receive payment from an annuity.

DHS 103.065(3)(j)(j) “Resource” has the meaning given in 42 USC 1382b, except that the home, as defined in s. DHS 101.03 (75), is a nonexempt resource.

DHS 103.065(4)(a)(a) Divestment resulting in ineligibility. An institutionalized individual or someone acting on behalf of that individual who disposes of resources at less than fair market value within 30 months immediately before or at any time after the individual becomes institutionalized if the individual is receiving MA on the date he or she becomes institutionalized or, if the individual is not receiving MA on that date, within 30 months immediately before or at any time after the date the individual applies for MA while institutionalized, shall be determined to have divested. A divestment results in ineligibility for MA for the institutionalized individual unless made to an exempt party under par. (b) or (c) or when one of the circumstances in par. (d) exist. An institutionalized individual may also be determined ineligible for MA if his or her spouse disposes of resources at less than fair market value on or after July 1, 1990. In this paragraph, “receiving” means entitled to receive as well as actually receiving, in the same way that “recipient” as defined in s. DHS 101.03 (150) means a person who is entitled to receive benefits under MA as defined under s. DHS 101.03 (95).

DHS 103.065 NoteNote: The department advises that when the transfer for less than fair market value has been made by the spouse of the institutionalized applicant or recipient, the determination of whether or not the transfer will be treated as a divestment will be made pursuant to both the divestment provisions under s. 49.453, Stats., and the spousal impoverishment prevention provisions under s. 49.455, Stats.

DHS 103.065(4)(am)(am) Transfer of resources within same month. In determining the amount of the divestment to be satisfied, the agency shall consider all transfers by either the institutionalized individual or his or her community spouse at less than fair market value that occur within a calendar month as one divestment.

DHS 103.065(4)(at)(at) Transfer of resources to an irrevocable annuity on or after October 1, 1993.

DHS 103.065(4)(at)1.1. Whenever an institutionalized individual or his or her spouse, or another person acting on behalf of the institutionalized individual or his or her spouse, transfers funds on or after October 1, 1993, to an irrevocable annuity in an amount that exceeds the expected value of the benefit, the institutionalized individual or his or her spouse shall be determined to have divested.