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XII. REBUTTAL

A. General When an uncompensated transfer has occurred, the a/b must be given the right to provide a rebuttal prior to a sanction being imposed. 1. Use the DHB-5161, Transfer of Asset Below Current Market Value, to notify the a/b and authorized representative, if applicable, of the following: • The length of the sanction period, • The right to rebut the value of the asset transferred, • The right to rebut the presumption or provide evidence to prove the transfer was made exclusively for a purpose other than establishing or retaining Medicaid eligibility, • The right to prove the compensation received is greater than established, • The right to prove the a/b has been defrauded, • The right to prove the asset has been returned, or • The right to prove intent to dispose asset at current market value.

2. Also advise the a/b that they may provide proof that:

• All or a portion of the asset has been returned, or • After the date of transfer, the money was spent for the benefit of the a/b or the a/b’s spouse.

Follow notification procedures in XII.B. below.

3. The a/b, or the a/b’s spouse must show convincing evidence that:

• The transferred asset is less than the value established by the local agency, or • The value of compensation received is greater than the value established, or • At least two attempts to dispose of the asset for current market value, or • All or a portion of the asset has been returned, or • The money has been spent for the benefit of the a/b, or the a/b’s spouse, or • The asset was transferred solely for a purpose other than qualifying for Medicaid. The evidence presented (written or oral) must be more persuasive than all