Sale of non-homeplace real property is not excluded from calculation of transfer-of-assets penalty

Topic: Medicaid Eligibility, Decided by: Judge Teate 
Docket Number: 0000000 , Decision Date: August 4, 2023 
Attachment: Click here to download the decision. 

In this case, the Court affirmed the transfer-of-assets penalty assessed against a Medicaid recipient following the sale of his non-homeplace real property at a rate below market value. The Court clarified that, while the bona fide sale of real property is not counted as a resource in determining eligibility for Medicaid, that exclusion does not apply to the calculation of transfer-of-assets penalties. Further, the Court rejected the recipient’s complaints about the untimely nature of the penalty, concluding that the 10-day deadline in the agency’s manual is merely directive rather than mandatory.

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