Louisiana uses its own life expectancy table.
ANNUITY RULES
According to the Louisiana Department of Health and Hospitals Medicaid Eligibility Manual, section I-1674.5 entitled Annuities:
1. An annuity must name the State as the remainder beneficiary in the first position for the total amount of Medicaid assistance paid on behalf of the institutionalized individual unless there is a community spouse and/or a minor or disabled child. If there is a community spouse and/or a minor or disabled child, the State may be named in the next position after those individuals.
2. The following types of annuities are not treated as a transfer of assets if the annuity meets the following conditions:
a. The annuity is considered either:
i. An individual retirement annuity; or
ii. A deemed Individual Retirement Account under a qualified employer plan; or
b. The annuity is purchased with proceeds form one of the following:
i. A traditional IRA; or
ii. Certain accounts or trusts which are treated as IRAs
iii. A simplified retirement account; or
iv. A simplified employee pension; or
c. The annuity meets all of the following requirements:
i. The annuity is irrevocable and non-assignable; and
ii. The annuity is actuarially sound; and
iii. The annuity provides payments in approximately equal amounts, with no deferred or balloon payments.
The requirements listed in (2) above do not apply to annuities purchased by a community spouse. According to the Medicaid Program Manager 2 of the Louisiana Department of Health and Hospitals, an annuity owned by a community spouse does not need to be irrevocable, non-assignable, provide equal monthly payments, or be actuarially sound. It only must designate the state as a beneficiary and be disclosed on a Medicaid application.
For more information please visit Louisiana’s Department of Health and Hospitals website.
Louisiana Desk Reference
Divestment Penalty Divisor | $4,000.00 |
Individual Resource Allowance | $2,000.00 |
Monthly Personal Needs Allowance | $38.00 |
Community Spouse Resource Allowance | $119,220.00 |
Monthly Maintenance Needs Allowance | $2,980.50 |
Resource Allowance for a Couple (Husband and Wife both reside in a facility) | $3,000.00 |
Last Updated | January 7, 2016 |