Answer:

Under federal law, as a result of Federal legislation passed in 2006, a State may not “look back” more than 60 months from the date that you apply for Medicaid in an attempt to find disqualifying asset transfers (gifts). This 60-month period defines your maximum exposure because if you have done no advance planning for nursing home care, suddenly find yourself in a nursing home with a projected long term stay, and decide at that point that you wish to preserve as many of your assets as possible, you may then give away all of your assets except for what will be needed to pay for your care for 60 months. There are strategies that one may use to lessen the impact of this new 60 month “look back”, but they are too case specific to include in this booklet.

The desired impact of the 2006 Federal legislation and 2007 Connecticut interpretive regulations is to impose a 5 year Medicaid disqualification period, starting on the date of the gift, for any gift of any size, unless you return the gift. Discussion with a qualified attorney is suggested.