Medicaid: Transfer to Disabled Child Approved Upon ALS Diagnosis

Direct Transfer to disabled child allowed from date ALS was diagnosed. Petitioner made transfers directly to a disabled child with ALS. However some transfers were made prior to the determination of disability and others were made after the disability determination. DFCS attempted to penalize all transfers since they were directly to the disabled child rather than to a trust for his sole benefit. The ALJ affirmed in part and reversed in part finding that transfers made after the disability determination cannot be subject to the penalty. However, transfers mad prior to the disability determination were subject to the transfer penalty.

OSAH-Whitfield-Miller 2009 June 29, 2009).

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