Eligibility Criteria Exceptions

A person meets the third criterion for LTCP eligibility, when all MA-LTC requirements are met, even if:

• Counted assets are above the asset limit.

By protecting assets the counted asset total may be reduced to within the asset limit.  If the protection designation does not effectively reduce the assets below the asset limit, then the client is not eligible and the protection for those assets is void.

• A transfer penalty must be imposed. 

Assets may be protected even when a transfer penalty results in ineligibility for payment of LTC services. The assets remain protected (and are not counted in the client’s asset total) while the client is enrolled in MA when that MA eligibility was determined as part of a request for MA payment of LTC services.