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COMAR 10.09.24.01-.16 1687 State of Maryland Medical Assistance Manual Revised July 2012
.08-1 Disposal of Assets for Less Than Fair Market Value.
A. Definitions. In this regulation, the following terms have the meanings indicated:
(1) "Assets" means all income and resources of an individual and of an individual's spouse, including any income or resources which the individual or the individual's spouse is entitled to but does not receive because of action by:
(c) A person, including a court or administrative body:
(i) With legal authority to act in place of or on behalf of the individual or the individual's spouse, or
(ii) Acting at the direction or upon the request of the individual or the individual's spouse.
(2) "Trust" means a legal instrument, which is either revocable or irrevocable, created, other than by will, by a grantor for the benefit of designated beneficiaries under the laws of the State and subject to the management of a trustee or trustees who have a fiduciary responsibility to manage the trust's resources and income for the benefit of the beneficiaries.
B. Disposal of Assets.
(1) In determining eligibility for Medical Assistance for any period under consideration beginning on or after October 1, 1993, in the case of assets disposed of after August 10, 1993, a penalty period shall be established during which an individual is determined ineligible for nursing facility services, for a level of care in a medical institution equivalent to that of nursing facility services, and for home and community-based waiver services provided for under the authority of §1915(c) and (d) of the Social Security Act if the individual or the individual's spouse disposes of an asset for less than fair market value at any time during or after the time periods specified under §B(2) of this regulation.
(2) Time Periods for Evaluating Disposals.
(a) For assets other than trusts, the time period for evaluating disposals is the 36-month period immediately before the date as of which the individual both is an institutionalized individual and has applied for Medical Assistance.
(b) In the case of payments from a trust or portions of a trust that are treated as a disposal of assets under Regulation .08-2B(4)(c), (5)(a)(ii), or (5)(b) of this chapter, the time period for evaluating disposals is the 60-month period immediately before the date as of which the individual both is an institutionalized individual and has applied for Medical Assistance.