In 2006, the Deficit Reduction Act (“DRA”) changed the Medicaid rules. As a result, all transfers after February 8, 2006 are now subject to a 5-year "look back" period. If the gifts were made outside the "look back" period, then there is no disqualification period. However, if any gifts were made during the "look back" period, then Medicaid will not pay for nursing home care during the disqualification period. You should note that the disqualification period does not begin until the person actually moves to the nursing home and would otherwise be eligible for Medicaid. Also, if the assets are returned or partially returned, the disqualification period can be shortened or eliminated.
In South Dakota, how does the five-year "look back" period work for Medicaid?
About Swier Law Firm's Estate Planning & Probate Practice Group
Swier Law Firm has a nationally recognized practice in estate planning and probate law and handles the following types of cases:
- Estate Planning: Wills & Living Trusts
- Legacy Planning
- Family-Owned Businesses & Farms
- Powers of Attorney & Living Wills
- IRA & Retirement Planning
- Asset Protection & Business Planning
- Special Needs Planning
- Trust Administration & Probate
Take a look at our valuable estate planning books and articles. Our materials are full of tips and advice. All materials are written by the law firm's nationally recognized estate planning attorneys and provide detailed South Dakota-specific information designed to help anyone with estate planning issues. You can request your free copy by clicking on the book cover below.
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