ASSETS OF THE "COMMUNITY SPOUSE"
It used to be that the assets were evenly divided between the spouses. Now the community spouse can keep up to $81,960 (in 1999) minus the $2,000 the institutionalized spouse is allowed. But, they may be able to keep more on appeal. There is a loophole that MassHealth does not publicize, and will not advise a family about, that might allow the community spouse to keep more in assets if the income from these assets is necessary for his/her support. People with assets in excess of this amount should be referred to an attorney with experience in this area. Contact the CRC for further information or contact the National Academy of Elder Law Attorneys at 877-367-6235.

TRANSFER OF ASSETS
If someone transfers assets for less than market value during the "look back period", the period for which they are ineligible for MassHealth coverage of a nursing home is independent of, and can be greater or less than the remainder of the "look back period". The length of ineligibility depends on the amount transferred. MassHealth will divide the amount transferred by $167 and get a number of days for which they will not cover.

11/99