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 assessed at $90,351, was transferred to a close friend for $40,000 within the lookback period. Additionally, $10,000 was withdrawn from the resident’s account and several small checks and a vehicle were issued to the friend. Initially the value of uncompensated transfers was thought to be $104,000 because no payment was made; after it was discovered $40,000 was paid, the value of uncompensated transfers was reduced to $64,000. On appeal, testimony was offered that the home was only worth $40,000 due to its condition of disrepair and that the $10,000 was set aside for burial. However, no documentation, such as an appraisal or burial documents was offered. There was no evidence that the resident requested the return of her property or that criminal or civil proceedings were initiated to recover them. In its final footnote, the decision notes that DFFCS could still reduce or eliminate the penalty if sufficient credible evidence to support the resident’s argument such as an appraisal or that a burial fund was established.

OSAH-Columbia-Woodard-11-2008.pdf (November 7, 2008).

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