Page 43

UNOFFICIAL 1725.1-43

of the penalty period that exceeds the end date of the recalculated penalty period.

[Eff 09/30/13] (Auth: HRS §346- 14; 42 C.F.R. §431.10; 42 U.S.C. §1396p(c)) (Imp: 42 C.F.R. §431.10; 42 U.S.C. §1396p(c))

§17-1725.1-57 Determining a penalty period. (a) A penalty period shall be calculated by dividing the total uncompensated value of the asset transferred, by the statewide average monthly cost of nursing facility services assessed to a private patient at the time the individual requests and is determined eligible for the coverage of long-term care services. (b) A penalty period that results in a partial month penalty shall not be rounded down or disregarded. (c) A penalty period established for an asset that was transferred, shall be applied as follows: (1) The value of all non-exempt transfers during the applicable look-back period specified in subsection 17-1725.1-51(a) shall be combined and a single penalty period shall be determined. (2) A separate penalty period shall be determined for non-exempt transfers which occurred while a penalty is being applied for a previous transfer by an individual determined eligible for coverage of long- term care services. (3) The penalty period shall commence the later of: (A) The date of request for long-term care services; (B) The date the individual would be eligible for coverage of long-term care services but a penalty is being imposed under this subchapter; or