WAC 182-516-0200

Effective January 1, 2013

WAC 182-516-0200 Annuities established prior to April 1, 2009

Emergency WAC effective 10-1-2013

  1. The department determines how annuities affect eligibility for medical programs.
  2. A revocable annuity is considered an available resource.
  3. An irrevocable annuity established prior to May 1, 2001 is not an available resource when issued by an individual, insurer, or other body licensed and approved to do business in the jurisdiction in which the annuity is established.
  4. The income from an irrevocable annuity, meeting the requirements of this section, is considered in determining eligibility and the amount of participation in the total cost of care. The annuity itself is not considered a resource or income.
  5. An annuity established on or after May 1, 2001 and before April 1, 2009 will be considered an available resource unless it:
    1. Is irrevocable;
    2. Is paid out in equal monthly amounts within the actuarial life expectancy of the annuitant;
    3. Is issued by an individual, insurer or other body licensed and approved to do business in the jurisdiction in which the annuity is established; and
    4. Names the department as the beneficiary of the remaining funds up to the total of medicaid funds spent on the client during the client's lifetime. This subsection only applies if the annuity is in the client's name.
  6. An irrevocable annuity established on or after May 1, 2001 and before April 1, 2009 that is not scheduled to be paid out in equal monthly amounts, can still be considered an unavailable resource if:
    1. The full pay out is within the actuarial life expectancy of the client; and
    2. The client:
      1. Changes the scheduled pay out into equal monthly payments within the actuarial life expectancy of the annuitant; or
      2. Requests that the department calculate and budget the payments as equal monthly payments within the actuarial life expectancy  of the annuitant. The income from the annuity remains unearned income to the annuitant.
  7. An irrevocable annuity, established prior to May 1, 2001 that is scheduled to pay out beyond the actuarial life expectancy of the annuitant, will be considered a resource transferred without adequate consideration at the time it was purchased. A penalty period of ineligibility, determined according to WAC 388-513-1365, may be imposed equal to the amount of the annuity to be paid out in excess of the annuitant's actuarial life expectancy.
  8. An irrevocable annuity, established on or after May 1, 2001 and before April 1, 2009 that is scheduled to pay out beyond the actuarial life expectancy  of the annuitant, will be considered a resource transferred without adequate consideration at the time it was purchased. A penalty may be imposed equal to the amount of the annuity to be paid out in excess of the annuitant's actuarial life expectancy. The penalty for a client receiving:
    1. Long-term care benefits will be a period of ineligibility (see WAC 388-513-1365).
    2. Other medical benefits will be ineligible in the month of application.
  9. An irrevocable annuity is considered unearned income when the annuitant is:
    1. The client;
    2. The spouse of the client;
    3. The blind or disabled child, as defined in WAC 388-475-0050 (b) and (c), of the client; 
    4. A person designated to use the annuity for the sole benefit of the client, client's spouse, or a blind or disabled child, as defined in WAC 182-512-0050 (b) and (c), of the client.
  10. An annuity is not considered an available resource when there is a joint owner, co-annuitant or an irrevocable beneficiary who will not agree to allow the annuity to be cashed, UNLESS the joint owner or irrevocable beneficiary is the community spouse. In the case of a community spouse, the cash surrender value of the annuity is considered an available resource and counts toward the maximum community spouse resource allowance.

This is a reprint of the official rule as published by the Office of the Code Reviser. If there are previous versions of this rule, they can be found using the Legislative Search page.