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COMAR 10.09.24.01-.16 1689 State of Maryland Medical Assistance Manual Revised July 2012
(8) An individual may not be determined ineligible for Medical Assistance by reason of the transfer of any asset, excluded or nonexcluded, if the asset was transferred under one of the following conditions:
(a) The asset was transferred to the individual's spouse or to another for the sole benefit of the individual's spouse;
(b) The asset was transferred from the individual's spouse to another for the sole benefit of the individual's spouse;
(c) The asset was transferred to, or to a trust established for the sole benefit of, the individual's son or daughter who is blind or disabled as defined under Regulation .05D and E of this chapter;
(d) The asset was transferred to a trust established for the sole benefit of a disabled individual, as defined under Regulation .05E of this chapter, younger than 65 years old;
(e) The individual furnishes convincing evidence, consisting of testimony or other corroborative evidence, that the individual intended to dispose of the asset at fair market value or for other valuable consideration;
(f) The individual furnishes convincing evidence that the asset was transferred exclusively for a purpose other than to qualify for Medical Assistance; or
(g) The full value of the asset transferred by an individual for less than fair market value has been returned to the individual.
(9) In the case of an asset held by an individual in common with another individual or individuals in a joint tenancy, tenancy in common, or similar arrangement, the asset, or the affected portion of the asset, shall be considered a transfer when any action is taken, either by the individual or by any other individual, that reduces or eliminates the individual's ownership or control of the asset.
.08-2 Treatment of Trust Amounts.
A. For the purpose of this regulation, "trust" has the meaning defined under Regulation .08-1A of this chapter.
B. Treatment of Trusts Established after August 10, 1993.
(1) In determining eligibility for Medical Assistance for any period under consideration beginning on or after October 1, 1993, in the case of trusts established after August 10, 1993, an individual shall be considered to have established a trust if assets of the individual as defined under Regulation .08-1A of this chapter were used to form all or part of the corpus of the trust and if any of the following persons established the trust other than by will: