Section 240.810  Assets

a)         To be eligible to receive Community Care Program (CCP) services, an applicant/client shall not own interest in non-exempt assets having a combined value in excess of $17,500, if:

1)         unmarried; or

2)         married and:

A)        spouse is receiving CCP services; or

B)        spouse is in a nursing home; or

C)        spouse does not reside on a permanent basis with and does not receive support from or give support to the applicant/client; or

D)        spouse is abandoned; or

E)         spouse is potentially abusing the applicant/client.

            EXCEPTION:  An applicant/client, who is married and the spouse does not receive CCP services, shall not own interest in non-exempt assets having a total value in excess of the asset disregard amount allowed by the Illinois Department of Healthcare and Family Services for Medicaid which is currently $2,000 + $1,500 in a pre-paid burial plan or life insurance policy + burial merchandise. Non-exempt assets having value over the asset disregard amount described above and up to the amount allowed by the Community Spouse Asset Allowance, as adopted by the Illinois Department of Healthcare and Family Services at 89 Ill. Adm. Code 120.379(d), must be transferred to or for the sole benefit of the community spouse.  If the couple owns assets that exceed the asset disregard and prevention of spousal impoverishment amounts allowed by statute, the excess (up to $15,500 of non-exempt assets after transfer; and/or up to $1,800 of countable monthly income after diversion) shall be designated as a spend down, to be spent before Medicaid enrollment is established.

b)         The value of non-exempt assets shall be considered in determining eligibility for the Community Care Program.

c)         All assets not specifically exempt are non-exempt.

d)         When a client's non-exempt assets are greater than the allowable disregard as specified in subsection (a), consideration of non-liquid assets may be deferred as follows:

1)         real property may be deferred from consideration for six months;

2)         the client shall sign an agreement to dispose of the real property in excess of the allowable disregard within six months from the date of the agreement; and

3)         the six month period for disposition may be extended an additional six months if the client fails to dispose of the asset (through no fault of his/her own) despite reasonable and diligent effort.

(Source:  Amended at 30 Ill. Reg. 17756, effective October 26, 2006)