SELECTED OFFICIAL TRANSMITTALS AND LETTERS OF ADVICE

FROM THE SOCIAL SECURITY ADMINISTRATION AND/OR
THE CENTERS FOR MEDICARE AND MEDICAID SERVICES / HCFA

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SOCIAL SECURITY

SSA Transmittal 13 --  SSI Transfer Rules (WP8)
SSA Transmittal 35 - new POMS Trust Provisions (Word97)
SSA 5/26/00 Memo on OBRA '93 Trusts and SSI
SSA Transmittal EM-01085 (May 2001) clarifying rules on payment from OBRA '93 Trusts of administration expenses pdf

HCFA / CENTERS FOR MEDICARE AND MEDICAID

1/23/19 CMS Letter to Graham Shafer, Staff Attorney, CT Dept. of  Social Services re: (1) states may impose penalties on post-eligibiity transfers by spouses; (2) regarding start date of the penalty period when a gift is partially returned.
4/17/18 CMS Guidance on HCBS penalty period start date.
2/2/11 CMS Informational Bulletin (PDF) re: treatment of income tax refunds and advance payments under ACA
12/16/10 CMS Letter to Commissioner of Social Services, CT (PDF) responding to DSS's follow-up on partial return

10/28/10 CMS Letter to Commissioner of Social Services, CT (PDF) re: partial return
CMS State Agency Regional Bulletin 2008-05 (Boston): re: transfers to d4c trusts by applicants age 65+ (PDF)
HCFA letter re: annuities (PDF) from Linda Minamota, HCFA Region IX, to Nevada State Welfare Division, August 31, 2001 (rejecting Nevada position that purchase of actuarially sound annuity for spouse with income over MMNA is disqualifying transfer)
HCFA letters re post-eligibility transfers, Ronald Preston of HCFA Boston to Atty. Brian Barreira April 5, 2000 (JPG) (but superseded by 1/23/19 letter)
DHHS letter re: ILLEGALITY of requiring nursing home applicants to disclose financial information in excess of what is necessary to determine eligibility for Medicaid - (PDF) from Kathleen But, DHHS, to Dr. Richard Yerian, Michigan Dept. of Public Health, September 1, 1992
HCFA letter re: transfers to 1396p(d)(4)(C) trusts PERMITTED for those 65 and older (from Thomas Hamilton, DHHS/HCFA Baltimore, to Clifton Kruse, August 9, 2001, supplied courtesy of Clifton Kruse)
HCFA "Streimer" letter from Robert A. Streimer to Dana E. Rozansky clarifying treatment of transfers to/from trusts (February 25, 1998) reprinted from The Elder Law Report 4/98