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2002 SESSION

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HJ 5 Study; transfer of assets, land-use assess., eligibility for Medicaid.

Introduced by: Robert D. Orrock, Sr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Medicaid; transfer of assets, land-use assessments, and eligibility for Medicaid. Requests the Department of Medical Assistance Services to examine its transfer of assets rule as such rule relates to land-use assessments and eligibility for Medicaid. This resolution notes that Medicaid requires that applications for eligibility be reviewed to determine whether property has been transferred for less than the full assessed value or meets a federal exception to this rule. Further, a penalty period is calculated if the applicant has sold or otherwise transferred property for less than its full assessed value. In areas where land-use valuations are the standard, this rule has the unfortunate result of making it difficult for rural property owners with farm or other land-use property to maintain the current land use and contributes to increases in urban sprawl. The Department of Medical Assistance Services is requested to identify various designs for allowing land-use assessments to be substituted for fair market value under specific circumstances that will require, as a condition of Medicaid eligibility, current owners to preserve the land-use of their property for at least a period of 10 years beyond the transfer, restrain urban sprawl, and sustain rural family land use businesses. The Department, within the parameters of federal requirements, shall consider the feasibility of a revised methodology for determining the fair market value of property in areas applying land-use assessments in relationship to transfer of assets and eligibility for Medicaid long-term care. The Department must complete its work and submit a final report to the Governor and the 2003 Session of the General Assembly.


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