                                 CODE OF VIRGINIA

DETERMINATIONS OF ASSETS; DISCLAIMERS OF INTERESTS TO BE CONSIDERED
UNCOMPENSATED TRANSFERS OF ASSETS FOR MEDICAID ELIGIBILITY PURPOSES UNDER
CERTAIN CIRCUMSTANCES (§ 32.1-325.02)

A. When determining eligibility for medical assistance services,
&#8220;assets&#8221; means, in regard to an individual, all income and resources
of the individual and the individual&#8217;s spouse, including, but not limited
to, any income or resources which the individual or such individual&#8217;s
spouse is or becomes entitled to, but does not receive, because of any action by
such individual or such individual&#8217;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&#8217;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&#8217;s spouse.

B. For the sole purpose of determining eligibility for medical assistance
services as provided in this title, Chapter 5 (&#xA7; 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 (&#xA7; 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.

HISTORY: 1994, c. 765; 2003, c. 253.