Chapter 7 MO HealthNet

Index

Section 7.1 General Overview
Section 7.2 Medicaid Distinguished From Medicare and Insurance
Section 7.3 Administration of the Medicaid Program
Section 7.4 Sources of Law and Authority
Section 7.5 Federal Law
Section 7.6 State Law
Section 7.7 Conflicts Between State and Federal Law
Section 7.8 Relationship Between Supplemental Security Income and Medicaid
Section 7.9 Deficit Reduction Act of 2005 and 2005–2007 Missouri Legislation
Section 7.10 Changes at the Federal Level in 2005
Section 7.11 Changes at the State Level in 2005 and 2007
Section 7.12 In General
Section 7.13 Service Providers
Section 7.14 Services for the Elderly
Section 7.15 Missouri Care Options Program
Section 7.16 Types of Medicaid Coverage Covered in This Chapter
Section 7.17 MO HealthNet
Section 7.18 Qualified Medicare Beneficiaries
Section 7.19 Nonfinancial Eligibility Requirements
Section 7.20 Financial Eligibility Requirements
Section 7.21 Supplemental Nursing Care Grant
Section 7.22 Nonfinancial Eligibility Requirements
Section 7.23 Financial Eligibility Requirements
Section 7.24 Home and Community-Based Waiver Services
Section 7.25 Anti-Impoverishment Rules Apply
Section 7.26 Transfer-of-Assets Rules Apply
Section 7.27 Division of Senior Services’ Assessment
Section 7.28 MO HealthNet Coverage for Care in a Long-Term Care Facility (Vendor MO HealthNet)
Section 7.29 Application Process
Section 7.30 In General
Section 7.31 Citizenship and Residency
Section 7.32 Aged, Blind, or Disabled
Section 7.33 Financial Eligibility Requirements
Section 7.34 In General
Section 7.35 Specific Issues Relating to Income
Section 7.36 Spend-Down MO HealthNet
Section 7.37 In General
Section 7.38 Exempt Assets
Section 7.39 Applicant’s Home
Section 7.40 Household Belongings and Personal Effects
Section 7.41 One Automobile
Section 7.42 Irrevocable Prepaid Burial Plan or $1,500 in Cash Surrender Value in Life Insurance
Section 7.43 Burial Lot
Section 7.44 Property Essential to Self Support
Section 7.45 Asset Disregard for Long-Term Care Benefits
Section 7.46 Nonexempt Assets
Section 7.47 Specific Issues Relating to Assets
Section 7.48 Jointly Held Property
Section 7.49 Trusts
Section 7.50 Annuities
Section 7.51 Individual Retirement Accounts, 401ks, Keoughs, and Other Retirement Plans
Section 7.52 After-Acquired Property
Section 7.53 In General
Section 7.54 Nonfinancial Eligibility Requirements
Section 7.55 Income
Section 7.56 Assets
Section 7.57 Certain Issues Regarding Assets
Section 7.58 Applicant’s Home
Section 7.59 Entrance Fees to Continuing Care Retirement Communities
Section 7.60 Asset Disregard Under Missouri Partnership for Long-Term Care Program
Section 7.61 Special Rules for Married Applicants With a Community Spouse
Section 7.62 Treatment of Income
Section 7.63 Community Spouse Resource Allowance and Minimum Monthly Maintenance Needs Allowance
Section 7.64 Increasing the Minimum Monthly Maintenance Needs Allowance
Section 7.65 Court Order of Support
Section 7.66 Significant Financial Distress
Section 7.67 Division of Assets
Section 7.68 Increase in Community Spouse Resource Allowance
Section 7.69 Transfer of Assets Between Spouses
Section 7.70 Reduction of Assets Above Community Spouse Resource Allowance
Section 7.71 After-Acquired Property of Community Spouse
Section 7.72 Increasing Community Spouse Resource Allowance or Minimum Monthly Maintenance Needs Allowance Through a Fair Hearing
Section 7.73 Transfers of Assets and Vendor MO HealthNet
Section 7.74 Transfer-of-Assets Rules Inapplicable to Nonvendor MO HealthNet Eligibility
Section 7.75 Confusion With Annual Gift Tax Exclusion
Section 7.76 Applicable Law
Section 7.77 Look-Back Periods
Section 7.78 Thirty-Six-Month Look-Back Period
Section 7.79 Sixty-Month Look-Back Period
Section 7.80 Post-Deficit Reduction Act of 2005—Sixty-Month Look-Back Period
Section 7.81 Ineligibility Penalty
Section 7.82 Calculation of Penalty Period
Section 7.83 Imposition of Penalty Period
Section 7.84 Hardship Waivers
Section 7.85 Multiple Transfers Within the Look-Back Period
Section 7.86 Transfers Made by Spouse of Applicant
Section 7.87 “Fair and Valuable Consideration” for Transfer-of-Asset Purposes
Section 7.88 Jointly Held Property
Section 7.89 Trusts
Section 7.90 “Asset” for Transfer-of-Asset Purposes
Section 7.91 Annuities
Section 7.92 Life Estates
Section 7.93 Payment of Debts, Repayment of Loans From Family Members, and Promissory Notes
Section 7.94 Personal Service Contracts
Section 7.95 Exceptions to Impermissible Transfer Rules
Section 7.96 Transfer of Home Permissible in Certain Situations
Section 7.97 Hardship Waivers
Section 7.98 Legality of Advising Client About Transfer Rules
Section 7.99 Trusts
Section 7.100 Revocable Trusts