Transfer Penalty

Divorce as a Medicaid Planning OptionDivorce as a Medicaid Planning Option

Divorce as a Medicaid Planning Option

Divorce is one of the most aggressive Medicaid planning tools. Divorce should not be approached lightly and should not be…

4 years ago
Caregiver child exception to penalty on transfer of the homeCaregiver child exception to penalty on transfer of the home

Caregiver child exception to penalty on transfer of the home

The general rule under 42 U.S. Code § 1396p(c)(1) is that any transfer for less than fair market value results…

4 years ago

Medicaid: Cases

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated…

4 years ago
Applicants sought MSJ and Injunction where eligibility was denied due to annuity structureApplicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Applicants sought MSJ and Injunction where eligibility was denied due to annuity structure

Plaintiffs were a group of couples with one spouse in the nursing home and other spouse still in the community.…

4 years ago
Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market ValuePenalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

Penalty is Imposed First Day of Month During or After Assets are Transferred for Less than Fair Market Value

Guardians of two nursing home residents brought suit contending that the State erred by beginning a transfer penalty on the…

4 years ago
No transfer penalty because gift to trust was 36 month look-back applied and it had expiredNo transfer penalty because gift to trust was 36 month look-back applied and it had expired

No transfer penalty because gift to trust was 36 month look-back applied and it had expired

Hazel Wilson and her husband executed and funded a revocable living trust in 1991. The trust became irrevocable at her…

4 years ago