55 Pa. Code § 178.172. Presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994.

§ 178.172. Presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994.

(a)  If the presumption of disposition to qualify for MA is made by the Department, the applicant/recipient is notified of the finding, in writing, and is advised of the right to rebut this presumption within 15 days from the date the written notice is mailed.
(b)  If the applicant/recipient does not respond to the written notification within 15 days from the date the written notice is mailed, the application/reapplication for MA is completed using the UV as a resource over the 30-month period from the date of the property transfer, and the total resources are determined on that basis.
(c)  If the applicant/recipient responds to the written notification within the 15 days from the date the written notice was mailed that he wishes to rebut the presumption, the CAO shall explain to the applicant/recipient that it is his responsibility to present within 10 calendar days the required verification and convincing evidence that the resource was transferred solely for some purpose other than to qualify for MA. Convincing evidence includes documentary and nondocumentary evidence which provides proof of the circumstances surrounding the transfer, including the following:
   (1)  The purpose for transferring the resource.
   (2)  The attempts to dispose of the resource at its FMV.
   (3)  The reasons for accepting less than FMV for the resource.
   (4)  The means of, or plans for, self-support after the transfer.
   (5)  The applicant’s/recipient’s relationship to the person to whom the resource was transferred.
(d)  If the evidence is received within the 10 calendar day period established in subsection (c), a decision on the success of the rebuttal of the applicant/recipient is made. If the establishment of MA eligibility is viewed as part of the reason for the transfer, even if another purpose has been established, the property was not transferred solely for some purpose other than to qualify for MA and the rebuttal is not successful. The presumption is rebutted only if the applicant/recipient proves that the transfer was solely for some purpose other than to qualify for MA such as:
   (1)  If the applicant/recipient became disabled or had an unexpected loss of other resources, or an unexpected loss of income after the transfer of the property, the presumption is rebutted. The disability or unexpected loss of income or resources, or both, shall be verified.
   (2)  If the resources of the applicant/recipient would have been below the MA resource limit in Appendix A for the appropriate MA Program, during each of the preceding 30 months had the resource been retained, the presumption is rebutted. The applicant/recipient shall provide verification of the resource value during the period in question.
   (3)  If a transfer was the result of a court order or written settlement of a legal action, the presumption is rebutted. A copy of the court order or the written settlement is required.
(e)  The determination of whether the presumption is rebutted is made by the Executive Director of the CAO or a delegate. The applicant/recipient is given written notice of the determination and of the right to appeal.
(f)  If the presumption is rebutted, the transfer has no effect on the MA eligibility determination.
(g)  If the presumption is not rebutted, it is presumed that the property transfer was for the purpose of qualifying for MA, and the following apply:
   (1)  The UV is considered a resource for 30 months from the date of the property transfer.
   (2)  The UV is added to other resources that are considered. If the total exceeds the MA resource limit in Appendix A for the appropriate MA Program, the applicant/recipient is not eligible for MA.
   (3)  If the transferred resource is returned to the applicant/recipient, the UV is not considered a resource as of the date the transferred resource was returned. If the transferred resource is cash or a liquid resource, the UV is reduced by the value of the resource that was returned.
   (4)  A returned resource is evaluated as a resource.
   (5)  Additional compensation received in the form of cash after the transfer of the property further reduces the UV by the amount of cash received as of the date the cash was received.

Authority

   The provisions of this §  178.172 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § §  201(2) and 403(b)).

Source

   The provisions of this §  178.172 amended December 23, 1994, effective December 24, 1994, and apply retroactively to January 4, 1991, 24 Pa.B. 6423. Immediately preceding text appears at serial pages (171831) to (171833).

Cross References

   This section cited in 55 Pa. Code §  178.171 (relating to disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994); and 55 Pa. Code §  178.173 (relating to reestablishment of MA eligibility after transfers made during the period of January 4, 1991, through July 29, 1994).

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