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COMAR 10.09.24.01-.16 1688 State of Maryland Medical Assistance Manual Revised July 2012
(3) The penalty period begins on the first day of the month in which the asset was transferred or, if the transfer occurs while the individual is in a penalty period for an earlier disposal, on the first day of the first month following the end of the earlier penalty period.
(4) The number of months in the penalty period are equal to the total, cumulative, uncompensated value of all assets transferred, divided by the average monthly cost, to a private patient at the time of application for Medical Assistance, of nursing facility services in the State.
(5) Transfers For Less Than Average Monthly Cost of Care.
(a) If the amount of a transfer is less than the average monthly cost of nursing facility services in the State, the length of the penalty period is calculated based on the proportion of the average monthly cost of nursing facility services that was transferred.
(b) If a series of transfers is made, each of which is less than the average monthly cost of nursing facility services, the penalty period is calculated based on the total, cumulative, uncompensated value of all assets transferred.
(6) Transfers Not Equally Divisible. If the amount of a single transfer or the amount of the total, cumulative, uncompensated value of all assets transferred is not equally divisible by the average monthly cost of nursing facility services in the State, the length of the penalty period is calculated based on the proportion of the average monthly cost of nursing facility services that was transferred.
(7) An institutionalized individual may not be determined ineligible for Medical Assistance under §B(1) of this regulation if the asset transferred was a home, and title to the home was transferred to:
(a) The spouse of the individual;
(b) The individual's child as defined under Regulation .02B of this chapter or who is blind or disabled as determined under Regulation .05D and E of this chapter;
(c) A sibling of the individual 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 individual became an institutionalized individual; or
(d) A son or daughter of the individual other than the individual's child described under §B(7)(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 individual became an institutionalized individual, and
(iii) Can establish, to the Department's satisfaction, that the son or daughter provided the care that permitted the individual to reside at home rather than in an institution.