2015 Kentucky Revised Statutes CHAPTER 205 - PUBLIC ASSISTANCE AND MEDICAL ASSISTANCE 205.6322 Cabinet to seek to prohibit sheltering of assets in long-term-care cases.
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205.6322 Cabinet to seek to prohibit sheltering of assets in long-term-care cases.
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.
Effective: June 20, 2005
History: Amended 2005 Ky. Acts ch. 99, sec. 253, effective June 20, 2005. -- Amended
1998 Ky. Acts ch. 426, sec. 211, effective July 15, 1998. -- Amended 1996 Ky. Acts
ch. 371, sec. 32, effective July 15, 1996. -- Created 1994 Ky. Acts ch. 512, sec. 78,
effective July 15, 1994.
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