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KRS 205.6322

Cabinet to seek to prohibit sheltering of assets in long-term-care cases

Applied in 1 court decision — leading case 176 F. Supp. 3d 704 - Singleton v. Kentucky (2016)

Most recently applied in 176 F. Supp. 3d 704 - Singleton v. Kentucky (March 2016)

Effective: June 20, 2005 History: Amended 2005 Ky

The Cabinet for Health and Family Services shall seek to prohibit the sheltering of assets in medical assistance long-term-care cases by promulgation of administrative regulations, pursuant to KRS Chapter 13A, that establish the following:

(1) Consideration of assets placed in Medicaid-qualifying trusts as a prohibited transfer of resources, to the extent prohibited by federal law;

(2) Revision of Medicaid policy to provide that assets funding the purchase of an annuity shall be treated as a transfer of resources unless the annuity is actuarially sound as defined in administrative regulations promulgated by the cabinet pursuant to KRS Chapter 13A;

(3) Revision of Medicaid policy to treat income-producing property as an available resource to the extent allowed by federal law;

(4) Review of Medicaid eligibility procedures and operation to improve eligibility verification and detection of fraud and abuse; and (5) Review of the feasibility of instituting a photographic identification card, possibly in conjunction with other entitlement programs, to reduce fraud and abuse through misuse of Medicaid identification cards.

Official source: Kentucky General Assembly. Reproduced from public-domain Kentucky statutes; confirm against the official source for the current text. Not legal advice.