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)