Look-back disclosures and transfer records
Federal law at 42 U.S.C. § 1396p(c) requires states to review transfers for less than fair market value during the 60 months before the application date for nursing-home and most waiver cases. The application asks whether you or your spouse gave away assets, sold property below market value, added joint owners, or funded trusts.
CMS Deficit Reduction Act guidance tells states to treat non-compliant annuity purchases and certain trust transfers as divestments. Disclose every transfer even when you believe an exception applies. Caseworkers decide whether the caregiver-child exemption or spouse-to-spouse transfer rule fits.
Supporting records include canceled checks, wire confirmations, deed recordings, gift tax returns, promissory notes, and closing statements. Massachusetts MassHealth asks for proof of any income stream you transferred to a spouse or third party during the look-back window.
North Dakota's LTC checklist explicitly warns that skilled nursing, memory care, swing-bed, and HCBS waiver cases use five years of financial history. Basic care facilities in that state use three years.
Elena, 82, in San Antonio sold her Kerrville vacation lot to her nephew for $40,000 in 2023 when comparable lots listed near $95,000. Texas HHSC requested the appraisal, settlement statement, and five years of brokerage statements to calculate a penalty period before STAR+PLUS nursing coverage could start.
Common mistake:Marking "no transfers" because you forgot a $15,000 check to a grandchild in 2022 is a common denial trigger. Walk every account line by line for 60 months before you sign the disclosure page.