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1996 SESSION

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SB 378 Medical assistance services; transfer of assets to obtain eligibility.

Introduced by: Kevin G. Miller | all patrons    ...    notes | add to my profiles

SUMMARY:

Medical assistance services; transfer of assets to obtain eligibility.0 Provides, upon the effective date of any federal law providing medical assistance services as a block grant with state discretion concerning eligibility and services, a more stringent transfer of assets provision. Any transfer for uncompensated value within 8 years of becoming eligible for medical assistance will mean the transferee will be liable to reimburse the Commonwealth for the full cost of the benefits paid on behalf of the transferor up to the amount of the uncompensated value. Any spousal support order in derogation of the Doctrine of Necessaries pursuant to § 55-37, or in violation of the limitations on spousal support orders which results in medical assistance eligibility pursuant to § 20-88.02:1, will be a transfer of assets for uncompensated value and the community spouse will be liable for the full cost of the benefits paid for the institutionalized spouse up to the amount of the spousal support order. Agencies are required to petition for orders requiring repayment, with the orders continuing for so long as the transferor or institutionalized spouse receives public assistance or until the state receives the total amount of reimbursement due. Any of the transfers for uncompensated value or spousal support orders described in this statute will create a rebuttable presumption which the transferee or community spouse must overcome by a preponderance of the evidence. No petition will be filed or orders issued if the property was the home of the transferor or spouse and a spouse or the dependent lives in the home, or if the transferee or community spouse will become indigent without the income provided by the property, or the transferee or community spouse requires treatment or long-term care and the payment would cause this person to be unable to purchase such treatment or care and enforcement could render the person eligible for medical assistance services.


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