Transfer Penalty

Medicaid: Transfer Penalty Affirmed

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

5 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…

5 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…

5 years ago

Medicaid: No Penalty for Transfer to Disabled Child

No Penalty For Transfer to Disabled Child. DFCS imposed a transfer of resources penalty where Petitioner transferred cash assets to…

5 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.…

5 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…

5 years ago

Medicaid: Sole Benefit Trust rejected and transfer penalty imposed

Sole Benefit Trust rejected and transfer penalty imposed. An 86 year old applicant established an irrevocable trust for the benefit…

5 years ago

Medicaid: Transfer Penalty Reversed Where Cured

Transfer Penalty Reversed Where Home Was Returned. Three months prior to a nursing home admission, a 98 year old Petitioner…

5 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…

5 years ago

Assessment of transfer penalty on sale of life estate affirmed

Assessment of transfer penalty on sale of life estate affirmed. Conservators sold life estate for $1,500, then sold the applicant’s…

5 years ago