5724.4 Penalty Period

For uncompensated transfers, a penalty period of restricted Medicaid coverage is imposed. During the penalty period the individual is not eligible for LTC payments as described in 5720.1 .

The penalty period is determined by considering the uncompensated value and the state-wide average cost of private pay nursing facility services in effect on the date the penalty begin. The average nursing facility cost will be redetermined annually by the agency. The penalty period depends on when the assets were transferred.

For transfers prior to February 8, 2006 - Divide the total uncompensated value by the average monthly NF rate, currently $4000. Drop any remainder from the resulting quotient. The whole number remaining is the number of penalty months.

For transfers on or after February 8, 2006 - Divide the total uncompensated value by the average daily NF rate. See the F-8, Kansas Medical Assistance Standards in the Appendix for the applicable rate amount. Drop any remainder from the resulting quotient. The whole number remaining is the number of penalty days.