The penalty uses a current daily divisor
For case actions disposed of on or after September 1, 2025, HHSC directs staff to use a $262.37 daily transfer-of-assets divisor. The policy calculates a penalty by dividing the uncompensated transferred value by the average daily private-pay nursing-facility cost and rounding down partial days (HHSC transfer-divisor policy).
Published divisor: $262.37 per day for case actions disposed of on or after September 1, 2025. This is a calculation input, not a safe amount to give away; the value, timing, exception rules, and eligibility date all matter (
HHSC transfer-divisor policy).
When the ineligibility period begins
HHSC says the penalty period begins on the first day of the month of the medical effective date, assuming all other eligibility criteria are met. That timing rule can create a result different from an assumption that a penalty simply begins when a gift was made (HHSC penalty-period policy).
Because eligibility facts must otherwise be satisfied before the penalty start date applies, a planning analysis needs the application timeline as well as the transfer documents. A household should retain records of value, payment, purpose, and ownership for transactions that could be reviewed.
Use a Texas calendar, not a generic rule of thumb
Texas's 60-month review is the same duration used in Florida's Medicaid look-back page, but the published Texas divisor and administration are state-specific. A Florida dollar figure should not be carried into a Texas calculation (HHSC transfer-divisor policy).
See Crisis Planning / Half-a-Loaf for the broader decision framework. Transfer decisions can affect Medicaid, taxes, creditors, title, and VA benefits, so obtain Texas legal and tax advice before acting.
Not mutually exclusive. Most families combine two or three funding pillars — this one rarely stands alone.
The
Journey Assessment ranks all ten pillars against your specific situation and
recommends the top three.
