5724.5 Effective Date

The date the penalty begins is determined by the date of transfer and whether the individual subject to penalty is an applicant or recipient. An applicant is an individual who is making an initial request for LTC coverage. Individuals currently receiving medical assistance under other categories, but not LTC, are considered applicants for purposes of establishing the penalty period.

For transfers prior to February 8, 2006 - For applicants, the penalty period begins the month in which the asset(s) was transferred. For penalties involving multiple transfers the period begins with the first month an asset included in the uncompensated value determination was transferred. For recipients, the penalty period begins no later than the second month following the month of transfer to allow for timely notice.

For transfers on and after February 8, 2006 - For applicants, the penalty period begins the later of The first day Medicaid eligibility for LTC could have been granted except for the sole reason of application of the penalty period; or The first day of the month property were transferred. For recipients, the penalty period begins no later than the second month following the month of transfer to allow for timely notice.