DHA Case No. MDV 215927 (Wis. Div. Hearings and Appeals Feb. 3, 2025) (DHS) ↓ Download PDF If an irrevocable annuity can be sold on the secondary market, it is a countable, available asset. In this case, the petitioner owned an irrevocable annuity but could still transfer ownership and change the beneficiary and had received […] Read more

DHA Case No. MGE 215615 (Wis. Div. Hearings and Appeals Jan. 6, 2025) (DHS) ↓ Download PDF To pay a relative for services in amounts exceeding 10% of the maximum Community Spouse Asset Share requires a written, notarized contract at the time the services were provided. In this case, petitioners were a married couple, both […] Read more

DHA Case No. MGE 214684 (Wis. Div. Hearings and Appeals Jan. 2, 2025) (DHS) ↓ Download PDF Royalties are considered unearned self-employment income for MA purposes. The monthly countable income is calculated by prorating the previous tax year’s net income over twelve months. In this case, the petitioner complained that the fluctuating amounts received meant […] Read more

DHA Case No. MDV 137218 (Wis. Div. Hearings and Appeals Feb. 7, 2012) (DHS) ↓ Download PDF When an institutionalized person fails to claim his or her share of a deceased spouse’s estate, it is generally a divestment. In this case, the petitioner’s wife created a revocable trust after his enrollment that included no share […] Read more

DHA Case No. MDV 23/44181 (Wis. Div. Hearings and Appeals 2000) (DHS) ↓ Download PDF A transfer of resources made during the lookback period by the applicant or his or her spouse can be a divestment. In this case, the petitioner’s spouse died before she applied for MA, transferring a POD bank account to beneficiaries other […] Read more

DHA Case No. MDV 67/105685 (Wis. Div. Hearings and Appeals 2009) (DHS) ↓ Download PDF A divestment penalty period does not start until the individual is institutionalized, has applied for Medicaid, and is “otherwise eligible,” according to DHS policy effective since 2009. In this early case applying the new policy, the petitioner applied in February […] Read more

DHA Case No. MDV 28/100729 (Wis. Div. Hearings and Appeals Mar. 9, 2009) (DHS) ↓ Download PDF Adivestment penalty may be “cured” by returning the divested resource, or its equivalent value, to the individual. In this case, the petitioner gave a 34% interest in her homestead to her son and his wife. They also all […] Read more

DHA Case No. MDV 66/71952 (Wis. Div. Hearings and Appeals Jan. 25, 2006) (DHS) ↓ Download PDF A divestment penalty may be “cured” by returning the divested resource, or its equivalent value, to the individual. In this case, the petitioner made multiple divestments during the lookback period totaling more than $200,000, but her son paid […] Read more

DHA Case No. MDV 149517 (Wis. Div. Hearings and Appeals Jul. 26, 2013) (DHS) ↓ Download PDF Money spent for fair market value is generally not a divestment, but the agency may require verification of large cash withdrawals. In this case, the petitioner’s daughter attempted to verify $22,219.40 in cash withdrawals with a spreadsheet. ALJ […] Read more

DHA Case No. MDV 147776 (Wis. Div. Hearings and Appeals Jul. 12, 2013) (DHS) ↓ Download PDF The divestment penalty period for an Institutional MA applicant begins on the first date the person (1) is institutionalized, (2) has applied for Medicaid, and (3) is otherwise eligible for Medicaid. In this case, the petitioner applied on […] Read more

DHA Case No. MDV 146016 (Wis. Div. Hearings and Appeals Mar. 5, 2013) (DHS) ↓ Download PDF The divestment penalty period for a Family Care applicant begins on the first date the person (1) has applied for Family Care, (2) “meets the appropriate level of care and functional screen criteria,” and (3) meets all other […] Read more

DHA Case No. FCP 140118 (Wis. Div. Hearings and Appeals Jul. 13, 2012) (DHS) ↓ Download PDF Adivestment occurs when an institutionalized individual or spouse transfers assets for less than fair market value during the look-back period. In this case, the petitioner’s husband made cash withdrawals of $100,000 and $17,000 shortly before the application for […] Read more

DHA Case No. MDV 138459 (Wis. Div. Hearings and Appeals Apr. 24, 2012) (DHS) ↓ Download PDF A divestment occurs when an institutionalized individual transfers assets for less than fair market value during the look-back period. In this case, the petitioner’s bank statements showed withdrawals of $29,134.50 over two years. Her daughter and POA could […] Read more

DHA Case No. MDV 130600 (Wis. Div. Hearings and Appeals May 23, 2011) (DHS) ↓ Download PDF A transfer of income or resources for less than fair market value is a divestment and results in a penalty period, unless the transfer qualifies for an exception. One exception is if the applicant can show a pattern […] Read more