Library: Policy

317:35-5-41.1. Home/real property

Rule text available at Oklahoma Health Care Authority website.

INSTRUCTIONS TO STAFF 317:35-5-41.1

Revised 9-1-16

1.Effective September 1, 2016, home property in a revocable trust is considered an available resource.When a client's home property is in a revocable trust, the worker informs the client or his or her representative that the home property exemption does not apply unless the property is removed from the revocable trust.The worker provides the client or his or her representative with Form 08AD092E, Client Contact and Information Request, giving the client 10-calendar days to provide proof the property was removed from the trust.

(1) When the client does not remove the property from the trust and the value exceeds the resource limit per Schedule VIII.D of the Oklahoma Department of Human Services Appendix C-1, Maximum Income, Resource, and Payment Standards, the worker denies or closes the SoonerCare (Medicaid) benefit.

(2) When the client:

(A) lives in the home and provides proof the home was removed from the revocable trust, it is excluded as home property;

(B) does not live in the home or a nursing facility and does not plan to return home, the client must take steps to convert the property for use in meeting his or her current needs per (b)(1) of this Section; or

(C) lives in a nursing facility, refer to Oklahoma Administrative Code 317:35-5-41.8 for the home property exemption time frame.