Under SB 483, California uses a 30-month look-back period, and the period of ineligibility begins from the month of the date of the transfer. The DRA requires states to increase the look-back period to 60 months and to begin periods of ineligibility in either the month of application or the first day of the month during or after which assets were transferred by an eligible Medicaid beneficiary when they begin receiving those services.
The Department's provisions in SB 483 would begin the new transfer of asset rules based on federal law and adoption of the non-emergency regulations. It is likely that regulations will be phased in the new look-back period until the five-year look-back is reached:
Thus, the new look-back rules will not be applied retroactively to transfers before the final regulations are filed with the Secretary of State.
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