No Retroactive Application of Policy Changes Permitted; Payments for Renovations to Accommodate Petitioner Permitted; Payments Consistent with Prior Accepted Obligation Permitted. Petitioner was hospitalized with a stroke in 2008, after which she went to live with one of her sons until she was re-hospitalized in November 2008. Thereafter, she remained in a nursing home. Petitioner applied for Medicaid on January 28, 2009. DFCS assessed a transfer of resources penalty denying eligibility for February, March and a portion of April, 2009. At the hearing, facts showed that Petitioner’s husband experienced financial difficulty in 1982 and, after his children provided assistance, he conveyed a one-fourth interest in the home to each of his three children, retaining a one-fourth interest which passed to Petitioner upon his death. Petitioner and her husband remained in the home, paying utilities but no rent. When the home became vacant in January 2008, one of the children continued paying utilities and routine maintenance from Petitioner’s resources. DFCS determined that Petitioner’s payment of more than one-fourth of the utilities and maintenance on the home was a transfer of resources. DFCS also found that Petitioner’s payment for renovations to her son’s home to accommodate Petitioner’s needs was a transfer of resources since Petitioner did not have an ownership interest in his home. Finally, DFCS found that payments of $200 to her son and his wife for caregiver services was a transfer of resources for less than FMV. Initially, the ALJ found that DFCS could not retroactively apply its policy that an agreement for personal care services be in writing. Applying the old manual provisions, the ALJ found that payment of $200 per week for personal care services was not a transfer for less than FMV. Further, renovations to her son’s home were for Petitioner’s benefit to accommodate her special needs and to make her comfortable. Thus, they were transfers made exclusively for a purpose other than to qualify for Medicaid. The ALJ affirmed a penalty on payments of three-fourths of the utility and maintenance costs for the home and reversed the penalty on payments for personal care services and renovations in the son’s home.
Fossett v. Department. (July 16, 2009).
Recently, my dad died. While I was driving back from being sworn in as his…
In Georgia, an individual has legal capacity to make a Will "when the testator has…
Last updated 2/28/2025 The Georgia Power of Attorney Act was enacted in 2017 (HB 221)…
In North Carolina Department of Revenue v. The Kimberley Rice Kaestner 1992 Family Trust, the…
Medicaid is critical for individuals with special needs. It pays for things no one else…
Since 1980, Medicare pays after another responsible entity pays certain health care claims for Medicare…