Effective 28 Aug 2007
208.213. Personal care contracts, effect on eligibility. — 1. In determining if an institutionalized individual is ineligible for the periods and reasons specified in 42 U.S.C. Section 1396p, a personal care contract received in exchange for personal property, real property, or cash and securities is fair and valuable consideration only if:
(1) There is a written agreement between the individual or individuals providing services and the individual receiving care which specifies the type, frequency, and duration of the services to be provided that was signed and dated on or before the date the services began;
(2) The services do not duplicate those which another party is being paid to provide;
(3) The individual receiving the services has a documented need for the personal care services provided;
(4) The services are essential to avoid institutionalization of the individual receiving benefit of the services;
(5) Compensation for the services shall be made at the time services are performed or within two months of the provision of the services; and
(6) The fair market value of the services provided prior to the month of institutionalization is equal to the fair market value of the assets exchanged for the services.
2. The fair market value for services provided shall be based on the current rate paid to providers of such services in the county of residence.
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(L. 2007 S.B. 577)
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