Haw. Code R. § 17-1725.1-54

Current through September, 2024
Section 17-1725.1-54 - Treatment of the purchase of a life interest in the home property of another
(a) The funds used by the individual who requires coverage of long-term care services or their community spouse to purchase a life interest in the home property of another, on or after February 8, 2006, shall be considered transferred if the purchaser did not reside on the property for a period of at least one year after the date of the purchase.
(b) For the purchase of a life interest in the property of another made on or after February 8, 2006 that meet the requirements of subsection (a), the portion of the funds that exceed the value of the life interest property based on the life estate tables published by the SSA, shall be treated as transferred assets.
(c) The portion of the funds used to purchase a life interest in the property of another by the individual or the individual's spouse prior to February 8, 2006, that exceed the value of the life interest in the property based on the life estate tables published by the Social Security Administration, shall be treated as a transferred asset.

Haw. Code R. § 17-1725.1-54

[Eff 09/30/13] (Auth: HRS § 346-14; 42 C.F.R. §431.10; 42 U.S.C. §1396 p(c)) (Imp: 42 U.S.C. §1396 p(c))