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REISSUED 11/01/11 – CHANGE NO. 17-11
An applicant/recipient (a/r) may have coverage authorized for institutional services if imposition of the transfer of asset sanction causes an undue hardship. The a/r has already been unsuccessful in demonstrating that a transfer of assets was made for a purpose other than to establish or retain Medicaid eligibility (rebuttal process). A transfer of asset sanction is also known as a penalty period.
The transfer of assets penalty is waived if the a/r demonstrates to the director or director’s designee that the sanction would cause an undue hardship.
Undue hardship relates to the a/r. Undue hardship does not apply to relatives, responsible parties of the a/r or the facility. Undue hardship also does not exist when the imposition of the penalty period causes the a/r an inconvenience or restricts his lifestyle.
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For questions or clarification on any of the policy contained in these manuals, please contact your local county office. |
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