{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-325.02.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-325.02.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-325.02.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-325.02.html"}],"law_id":54270,"edition_id":1,"section_id":54270,"structure_id":13276,"section_number":"32.1-325.02","catch_line":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","history":"1994, c. 765; 2003, c. 253.","full_text":"A\n\nWhen determining eligibility for medical assistance services, “assets” means, in regard to an individual, all income and resources of the individual and the individual’s spouse, including, but not limited to, any income or resources which the individual or such individual’s spouse is or becomes entitled to, but does not receive, because of any action by such individual or such individual’s spouse, or by a person, including a court or administrative body, with legal authority to act in the place of or on behalf of the individual or such individual’s spouse, or by any person, including any court or administrative body, acting at the direction of or upon the request of the individual or such individual’s spouse.B\n\nFor the sole purpose of determining eligibility for medical assistance services as provided in this title, Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, and the regulations of the Department of Medical Assistance Services, any disclaimer of succession pursuant to Chapter 26 (§ 64.2-2600 et seq.) of Title 64.2 shall be considered an uncompensated transfer of assets equal to the value of any interest disclaimed by any person who would, by reason of the disclaimer of succession, retain Medicaid eligibility or become eligible for medical assistance within (i) 36 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to any property other than property passed through a trust or (ii) 60 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to payments from a trust or portions of a trust.","order_by":null,"text":{"0":{"id":199235,"text":"When determining eligibility for medical assistance services, “assets” means, in regard to an individual, all income and resources of the individual and the individual’s spouse, including, but not limited to, any income or resources which the individual or such individual’s spouse is or becomes entitled to, but does not receive, because of any action by such individual or such individual’s spouse, or by a person, including a court or administrative body, with legal authority to act in the place of or on behalf of the individual or such individual’s spouse, or by any person, including any court or administrative body, acting at the direction of or upon the request of the individual or such individual’s spouse.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":199236,"text":"For the sole purpose of determining eligibility for medical assistance services as provided in this title, Chapter 5 (§ 63.2-500 et seq.) of Title 63.2, and the regulations of the Department of Medical Assistance Services, any disclaimer of succession pursuant to Chapter 26 (§ 64.2-2600 et seq.) of Title 64.2 shall be considered an uncompensated transfer of assets equal to the value of any interest disclaimed by any person who would, by reason of the disclaimer of succession, retain Medicaid eligibility or become eligible for medical assistance within (i) 36 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to any property other than property passed through a trust or (ii) 60 months of the date that the disclaimer instrument is filed with a court of competent jurisdiction when the disclaimer instrument relates to payments from a trust or portions of a trust.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13276,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":13275,"metadata":{},"date_created":"2026-06-26 03:44:33","date_modified":"2026-06-26 03:44:33","permalink":{"id":201355,"object_type":"structure","relational_id":13276,"identifier":"1","token":"32.1\/10\/1","url":"\/32.1\/10\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13275,"edition_id":1,"name":"Department of Medical Assistance Services","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 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ICF\/MR","url":"\/32.1-331.03\/","token":"32.1\/10\/1\/32.1-331.03","metadata":false},{"id":80605,"structure_id":13276,"section_number":"32.1-331.04","catch_line":"Personal care aides; orientation program","url":"\/32.1-331.04\/","token":"32.1\/10\/1\/32.1-331.04","metadata":false},{"id":84036,"structure_id":13276,"section_number":"32.1-331.05","catch_line":"Coordinated specialty care; work group","url":"\/32.1-331.05\/","token":"32.1\/10\/1\/32.1-331.05","metadata":false},{"id":77511,"structure_id":13276,"section_number":"32.1-331.06","catch_line":"Annual review of medications and treatment for sickle cell disease; report","url":"\/32.1-331.06\/","token":"32.1\/10\/1\/32.1-331.06","metadata":false}],"previous_section":{"id":83706,"structure_id":13276,"section_number":"32.1-325.01","catch_line":"Certain term life insurance considered resources","url":"\/32.1-325.01\/","token":"32.1\/10\/1\/32.1-325.01","metadata":false},"next_section":{"id":73332,"structure_id":13276,"section_number":"32.1-325.03","catch_line":"Legal presence required for certain state and local public benefits; exceptions; definitions; proof of legal presence","url":"\/32.1-325.03\/","token":"32.1\/10\/1\/32.1-325.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-325.02\/","history_text":"

This law was first created in 1994. The record of its establishment is cataloged in chapter 765<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2003, chapter 253<\/a>.<\/p>","references":false,"refers_to":[{"id":57625,"section_number":"63.2-500","catch_line":"Definitions","order_by":null,"url":"\/63.2-500\/"},{"id":67448,"section_number":"64.2-2600","catch_line":"Definitions","order_by":null,"url":"\/64.2-2600\/"}],"permalink":{"id":201405,"object_type":"law","relational_id":54270,"identifier":"32.1-325.02","token":"32.1\/10\/1\/32.1-325.02","url":"\/32.1-325.02\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-325.02\/","token":"32.1\/10\/1\/32.1-325.02","dublin_core":{"Title":"Determinations of assets; disclaimers of interests to be considered uncompensated transfers of assets for Medicaid eligibility purposes under certain circumstances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-325.02","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When determining eligibility for medical assistance services, “assets<\/span>” means, in regard to an individual, all income and resources of the individual and the individual’s spouse, including, but not limited to, any income or resources which the individual or such individual’s spouse is or becomes entitled to, but does not receive, because of any action by such individual or such individual’s spouse, or by a person<\/span>, including a court<\/span> or administrative body, with legal authority to act in the place of or on behalf of the individual or such individual’s spouse, or by any person<\/span>, including any court<\/span> or administrative body, acting at the direction of or upon the request of the individual or such individual’s spouse. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> For the sole purpose of determining eligibility for medical assistance services as provided in this title, Chapter 5 (§ 63.2-500<\/a> et seq.) of Title 63.2, and the regulations of the Department<\/span> of Medical Assistance Services, any disclaimer of succession pursuant to Chapter 26 (§ 64.2-2600<\/a> et seq.) of Title 64.2 shall be considered an uncompensated transfer of assets<\/span> equal to the value of any interest disclaimed by any person<\/span> who would, by reason of the disclaimer of succession, retain Medicaid eligibility or become eligible for medical assistance within (i) 36 months of the date that the disclaimer instrument is filed with a court<\/span> of competent jurisdiction<\/span> when the disclaimer instrument relates to any property other than property passed through a trust or (ii) 60 months of the date that the disclaimer instrument is filed with a court<\/span> of competent jurisdiction<\/span> when the disclaimer instrument relates to payments from a trust or portions of a trust. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDETERMINATIONS OF ASSETS; DISCLAIMERS OF INTERESTS TO BE CONSIDERED\nUNCOMPENSATED TRANSFERS OF ASSETS FOR MEDICAID ELIGIBILITY PURPOSES UNDER\nCERTAIN CIRCUMSTANCES (\u00a7 32.1-325.02)\n\nA. When determining eligibility for medical assistance services,\n“assets” means, in regard to an individual, all income and resources\nof the individual and the individual’s spouse, including, but not limited\nto, any income or resources which the individual or such individual’s\nspouse is or becomes entitled to, but does not receive, because of any action by\nsuch individual or such individual’s spouse, or by a person, including a\ncourt or administrative body, with legal authority to act in the place of or on\nbehalf of the individual or such individual’s spouse, or by any person,\nincluding any court or administrative body, acting at the direction of or upon\nthe request of the individual or such individual’s spouse.\n\nB. For the sole purpose of determining eligibility for medical assistance\nservices as provided in this title, Chapter 5 (§ 63.2-500 et seq.) of Title\n63.2, and the regulations of the Department of Medical Assistance Services, any\ndisclaimer of succession pursuant to Chapter 26 (§ 64.2-2600 et seq.) of\nTitle 64.2 shall be considered an uncompensated transfer of assets equal to the\nvalue of any interest disclaimed by any person who would, by reason of the\ndisclaimer of succession, retain Medicaid eligibility or become eligible for\nmedical assistance within (i) 36 months of the date that the disclaimer\ninstrument is filed with a court of competent jurisdiction when the disclaimer\ninstrument relates to any property other than property passed through a trust or\n(ii) 60 months of the date that the disclaimer instrument is filed with a court\nof competent jurisdiction when the disclaimer instrument relates to payments\nfrom a trust or portions of a trust.\n\nHISTORY: 1994, c. 765; 2003, c. 253.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}