Appendix D: Penalty Period for LTC/HCBS Recipient Notice Text

ELIGIBLE FOR MA BUT NO LONGER ELIGIBLE FOR LTC NOTICE TEXT-ASSET TRANSFERS

Until automated notices are available the following text and citations should be printed on the manual Advance Notice sent to the person in the LTC facility as well as all involved parties, informing them that the person is no longer eligible for payment of LTC facility services:

Because you gave away or transferred a total of $ _____ in assets for   

less than fair market value you no longer qualify for payment of services in a

Long-Term Care (LTC) facility beginning on ____ and ending on _____.

During this time period, you will need to pay the LTC facility for the LTC   

services you receive.  If you believe that the denial of the payment of LTC  

services will deprive you of medical care, food, clothing, shelter or other  

necessities of life which would endanger your health or life you may ask for 

an undue hardship waiver.                                                    

                                                                              

42 U.S.C. § 1396p(c); 62 P.S. § 441.5 and 55 Pa. Code §§ 178.104, 178.104a,         

178.104b      

                                                             

ELIGIBLE FOR MA BUT NO LONGER ELIGIBLE FOR HCBS NOTICE TEXT-ASSET TRANSFERS

Until automated notices are available the following text and citations should be printed on the manual Advance Notice sent to the person receiving HCBS as well as all involved parties, informing them that the person is no longer eligible for payment of HCBS:

Because you gave away or transferred a total of $_____ in assets for less than fair market value you no longer qualify for payment of Home and Community Based Services (HCBS) beginning on _____ and ending on _____.     During this time period, you will need to pay the service provider for the    HCBS you receive.  If you believe that the denial of the payment of HCBS will deprive you of medical care, food, clothing, shelter or other necessities of life which would endanger your health or life you may ask for an undue hardship waiver.       

                                                                             

                                                                                                 42 U.S.C § 1396p(c); 62 P.S.  §§ 441.5, 441.8 and 55 Pa. Code §§ 178.104 178.104a, 178.104b   

 

 

ELIGIBLE FOR MA BUT NO LONGER ELIGIBLE FOR LTC NOTICE TEXT-EXCESS HOME EQUITY

Until automated notices are available the following text and citations should be printed on the manual Advance Notice sent to the person residing in a LTC facility as well as all involved parties, informing them that the person is no longer eligible for payment of LTC facility services:

Because the equity value of your home is $____ which exceeds the home 

equity limit of $____ you no longer qualify for payment of services in a  

Long-Term Care (LTC) facility beginning on _____.                       

Beginning on this date, you will need to pay the LTC facility for the LTC    

services you receive.  As long as the equity value of your resident property 

exceeds $____ you will not qualify for payment of LTC services.   If you  

believe that the denial of the payment of LTC services will deprive you of   

medical care, food, clothing, shelter or other necessities of life which would

endanger your health or life you may ask for an undue hardship waiver.       

                                                                             

42 U.S.C. § 1396p(f) and 55 Pa. Code §§ 178.62a, 178.104b                         

 

ELIGIBLE FOR MA BUT NO LONGER ELIGIBLE FOR HCBS NOTICE TEXT-EXCESS HOME EQUITY

Until automated notices are available the following text and citations should be printed on the manual Advance Notice sent to the person receiving HCBS as well as all involved parties, informing them that the person is no longer eligible for payment of HCBS:

Because the equity value of your home is $ ____, which exceeds the home

equity limit of $____ you no longer qualify for payment of Home and        

Community Based Services (HCBS) beginning on _____.                      

Beginning on this date, you will need to pay the service provider for the HCBS

you receive.  As long as the equity value of your resident property exceeds   

$____ you will not qualify for payment of HCBS.   If you believe that the  

denial of the payment of HCBS will deprive you of medical care, food,         

clothing, shelter or other necessities of life which would endanger your      

health or life you may ask for an undue hardship waiver.                  

                                                                              

                                                                                                                                       42 U.S.C. § 1396p(f), 62 P.S. § 441.8 and 55 Pa. Code §§ 178.62a, 178.104b    

 

Issued May 1, 2012