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COMAR 10.09.24.01-.16 1685 State of Maryland Medical Assistance Manual Revised July 2012
(a) The spouse of the person; (b) The person's child as defined under Regulation .02B(12) of this chapter or who is blind or disabled as determined under Regulation .05D and E of this chapter; (c) A sibling of the person who has an equity interest in the home and who was residing in the home for a period of at least 1 year immediately before the date the person became an institutionalized person; or (d) A son or daughter of the person other than the person's child described under §K(4)(b) of this regulation, who: (i) Is lawfully residing in the home, (ii) Was residing in the home for a period of at least 2 years immediately before the date the person became an institutionalized person, and (iii) Can establish, to the Department's satisfaction, that the son or daughter provided the care that permitted the person to reside at home rather than in an institution. (5) A person may not be determined ineligible for Medical Assistance by reason of the transfer of any resource, excluded or nonexcluded, if the resource was transferred under any one of the conditions below: (a) The resource was transferred to the community spouse, or to another for the sole benefit of the community spouse, as defined under Regulation .10-1B(1) of this chapter; (b) The resource was transferred to the person's son or daughter who is blind or disabled as defined under Regulation .05D and E of this chapter; (c) The resource was transferred to the person's spouse, or to another for the sole benefit of the person's spouse, if the spouse does not transfer the resource to another person for less than fair market value; (d) The person furnishes convincing evidence, consisting of testimony or other corroborative evidence, that the person intended to dispose of the resource at fair market value or for other valuable consideration; (e) The person furnishes convincing evidence that the resource was transferred exclusively for a purpose other than to qualify for Medical Assistance; or (f) The Department determines that the denial of eligibility would work an undue hardship. L. A unit shall be ineligible for any month in which countable resources exceed the applicable standard, but may reapply for any following month in which countable resources are less than or equal to the applicable standard. M. Schedule MA-2.