Transfer Penalty

Medicaid: No Penalty on Transfer to Disabled Child; Previously Unknown Resource Exempt

Direct Transfer to Disabled Child; Previously Unknown Resource. Applications for Medicaid were filed on November 24, 2008 and January 8,…

3 years ago

Medicaid: Annuity; Transfer Penalty for Failing to Name State as Beneficiary

Annuity; Transfer Penalty for Failing to Name State as Beneficiary. Petitioner, a 95 year old nursing home resident, applied for…

3 years ago

Medicaid: Single Premium Life Insurance Policy; Penalty Reversed

Single Premium Life Insurance Contract; Penalty Reversed. On November 5, 2008, Petitioner filed an application to purchase a Single Premium…

3 years ago

Medicaid: No Retroactive Application of Policy Changes Permitted; Payments for Renovations to Accommodate Petitioner Permitted; Payments Consistent with Prior Accepted Obligation Permitted

No Retroactive Application of Policy Changes Permitted; Payments for Renovations to Accommodate Petitioner Permitted; Payments Consistent with Prior Accepted Obligation…

3 years ago

Medicaid: Personal Services Contract Rejected

Personal Services Contract rejected. Petitioner was admitted to a nursing home in October 2008, where she continued to stay. At…

3 years ago

Medicaid: Transfer to Disabled Child Approved Upon ALS Diagnosis

Direct Transfer to disabled child allowed from date ALS was diagnosed. Petitioner made transfers directly to a disabled child with…

3 years ago

Medicaid: No Transfer Penalty Where Transfer Was Exclusively for Purpose Other Than to Qualify for Medicaid

Transfer penalty cannot be imposed where transfer was exclusively for purpose other than to qualify for Medicaid. Petitioner was admitted…

3 years ago

Medicaid: Transfer Penalty Affirmed

Penalty Affirmed After Life Estate Conveyed; Hardship Waiver Unavailable Because No Legal Action was Taken to Recover Property. Petitioner, a…

3 years ago

Medicaid: Transfer Penalty Reversed Where Services Provided Under Agreement

Transfer Penalty Reversed Where Care Services Were Provided Under Agreement. Petitioner was discharged from a nursing home to home in…

3 years ago

Medicaid: Determining Equity Value

When Determining Value, Equity Value is CMV Minus mortgages and Liens. Petition created a revocable living trust in 2006. In…

3 years ago