MI SB0739

Permits qualified and affirmed personal services agreements between individuals and household members, family members, relatives, or other persons for provision of services without being treated as asset divestments if payments are at fair market value.

Allows individuals applying for medical assistance to avoid divestment penalties by proving through preponderance of evidence that they intended to dispose of assets at fair market value or for purposes other than qualifying for assistance.

Prohibits the Department of Health and Human Services from presuming services provided under personal services agreements are gratuitous or applying divestment penalties for payments made under qualifying agreements.

Defines "qualified personal services agreement" as a written, signed agreement made before services are provided that describes service type, frequency, and duration, with payment at or below local community rates for similar services.

Defines "affirmed personal services agreement" as an oral or partially written agreement made before services are provided with a statement affirmed under penalty of perjury or documentary evidence (invoices, service logs, canceled checks) describing the agreement's terms.