Hawaii Administrative Rules
Title 17 - DEPARTMENT OF HUMAN SERVICES
Department of Human Services
Chapter 1725.1 - ASSETS FOR MAGI-EXCEPTED INDIVIDUALS
Subchapter 7 - TREATMENT OF ASSETS FOR INDIVIDUALS REQUESTING COVERAGE OF LONG-TERM CARE SERVICES
Section 17-1725.1-55 - Treatment of the transfer of income
Universal Citation: HI Admin Rules 17-1725.1-55
Current through August, 2024
(a) A transfer of asset penalty period shall be assessed if the institutionalized individual or their community spouse transferred:
(1) Lump
sum payments received in the month; or
(2) An entitled stream of income (disclaimed
or voluntarily agreed).
(b) The penalty period for the transfer of income shall be calculated by dividing the amount of income by the statewide average monthly cost of nursing facility services assessed to a private patient at the time the individual requests coverage of long-term care services. Disposal of such lump sum payments or the entitled stream of income constitutes a transfer of asset.
(c) The amount of income used to calculate a penalty period shall be:
(1) The gross amount of the lump sum income
transferred in the month it was received; or
(2) The total gross amount of income expected
to be received during the individual's lifetime when the entitled stream of
income was transferred, which is calculated by multiplying the annual amount of
income expected to be received during the individual's lifetime based on the
life expectancy tables established by the Social Security Administration's
Office of the Actuary.
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