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In addition to being able to make the transfer without penalty to one’s spouse or blind or disabled child, or into trust for other disabled beneficiaries, the applicant may freely transfer his or her home to: The law provides a very important escape hatch for those who find they must qualify for Medicaid during a period of ineligibility.

A transfer can be cured by the return of the transferred asset, either partially or in its entirety.

So the following explanation includes both Massachusetts and federal law as applicable.

The actual number of months of ineligibility is determined by dividing the amount transferred by ,730 (the average monthly cost to a patient paying privately for services in the Commonwealth).

Periodically, this figure is revised to reflect increased costs.

The Home The home will not be considered a countable asset and, therefore, will not be counted against the asset limits for Medicaid eligibility purposes as long as the nursing home resident intends to return home or his or her spouse or another dependent relative lives there.

It does not matter if it does not appear likely that the nursing home resident will ever be able to return home; the intent to return home by itself preserves the property’s character as the person’s principal place of residence and thus as a non-countable resource.

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