DFCS cannot toll the transfer of assets penalty period.

The Department of Human Services’ Division of Family and Children Services (“DFCS”) assessed a penalty of 3.43 months against Petitioner for transferring $20,020.46 of her assets without receiving fair market value in return.  This meant that she was ineligible for a nursing home vendor payment for three full months, and entitled to only a partial payment in the fourth month.  Although DFCS immediately applied the three-month penalty, it delayed application of the partial penalty in abrogation of clear federal law.  Accordingly, the Court remanded with instructions to correct the improper tolling.