Transfer for less than fair market value

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

1 year ago

Medicaid Transfer Penalty Worksheet

The form below was developed by the Georgia Department of Community Health and is based on Section 2342-11 of the…

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: Penalty Reversed Where Home Given to Caregiver Child

Penalty Reversed Where Home was Given to Caregiver Child. In 2002, Petitioner’s daughter moved into Petitioner’s home to provide care.…

3 years ago

Medicaid: No transfer penalty where transfer reimbursed third party for advancing expenses

No Penalty Where Transfer Reimbursed Third Party for Paying Applicant’s Expenses. Petitioner was admitted to a nursing home on May…

3 years ago

Medicaid: Federal Law Trumps State Law When They Conflict

Georgia’s Medicaid Manual cannot be enforced when it conflicts with federal law. Applicant resided in an assisted living facility until…

3 years ago

Medicaid Transfer of Resources Penalty Affirmed (2008)

Transfer of resources penalty affirmed. Nursing home resident applied for Medicaid in January 2008. During review, caseworkers discovered a home…

3 years ago

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 expired

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

4 years ago

Fair Market Value: What is it and what happens when property is given away, sold for less than FMV, or cannot be easily sold?

Answering the question, "what is fair market value," depends on the circumstances. For most purposes, the fair market value of…

4 years ago