Transfer Penalty

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 first day of the month after a transfer, rather than on the month of the transfer. The Court found the claims barred by the Eleventh Amendment. It dismissed the remainder of the Complaint for failure to state a claim since the Department’s action was consistent with 42 U.S.C. § 1396p(c)(1)(D) which provides: The date specified in this subparagraph is the first day of the month during or after which assets have been transferred for less than fair market value and which does not occur in any periods of ineligibility under this subsection.

Gage v. N.Y. State Dep’t of Health, 204 F. Supp.2d 399 (N.D. NY 2002)

Published by
David McGuffey

Recent Posts

Social Security Disability versus Veteran’s Disability

The word disability doesn't have the same meaning in all contexts. If you have a…

21 hours ago

Social Security Announces 2.5 Percent Benefit Increase for 2025

On October 10, 2024, the Social Security Administration announced that Americans will increase a 2.5…

4 weeks ago

Getting Organized

Many people think that estate planning is just having documents prepared. They have a lawyer…

4 weeks ago

Beneficiary who accepted inheritance under Will could not bring action for tortious interference

In Chambers v. Edwards, 365 Ga. App. 482 (2022), William Chambers sued his sister, Kathy…

1 month ago

Medicaid’s payment of medical bills does not bar recovery from negligent party

When an injured party sues someone who negligently injured him or her, one form of…

1 month ago

Market Observations from David Hultstrom

From time to time we re-post David Hultstrom's Financial Foundations. Mr. Hultstrom, who is a…

1 month ago