(1) In this section: (a) “Long-term care program” means the long-term care program under s. 46.275, 46.277, 46.278, or 46.2785; the family care program providing the benefit under s. 46.286; the Family Care Partnership program; or the long-term care program defined in s. 46.2899 (1). (b) “Promissory note” means a written, unconditional agreement, given in return for goods, money loaned, or services rendered, under which one party promises to pay another party a specified sum of money at a specified time or on demand. (2) When determining or redetermining an individual’s financial eligibility for a long-term care program, the department shall include a promissory note as a countable asset if all of the following apply: (a) The individual applying for or receiving benefits under the long-term care program or his or her spouse provided the goods, money loaned, or services rendered for the promissory note. (b) The promissory note was entered into or purchased on or after July 14, 2015. (c) The promissory note is negotiable, assignable, and enforceable and does not contain any terms making it unmarketable. (3) A promissory note is presumed to be negotiable and its asset value is the outstanding principal balance at the time the individual applies for the long-term care program or at the time the individual’s eligibility for the long-term care program is redetermined, unless the individual shows by credible evidence from a knowledgeable source that the note is nonnegotiable or has a different current market value, which will then be considered the asset value.
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