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b. Shorten the sanction period according to the reduced uncompensated value of the transfer.

C. Establishing That a Transfer of Assets Was for a Reason Solely Other Than to Become Eligible for Medicaid Do not impose a sanction when an asset was transferred solely for a reason other than to become eligible for Medicaid. The following situations establish that an asset was transferred solely for a reason other than to become eligible for Medicaid: 1. The asset was stolen. Convincing evidence must be provided which may include but is not limited to a report to law enforcement officials. 2. The a/b has been defrauded.

a. Refer the case to protective services and/or if there is a legal representative, the clerk of court, to pursue possible reversal of the action and return of the asset to the a/b.

b. Do not apply a transfer sanction when Adult Protective Services investigates and determines that the a/b is a victim of fraud and did not take the action with the intent of becoming eligible for Medicaid.

c. Convincing evidence must be provided which may include but is not limited to a report to law enforcement officials.

3. The a/b or the a/b’s spouse is a victim of exploitation. The a/b, or the a/b’s spouse must provide convincing evidence which may include:

a. Proof that includes substantial evidence that the a/b, or the a/b’s spouse is a victim of exploitation due to the illegal or improper use of a disabled adult or their assets for another’s profit or advantage.

b. Proof of a request to the local agency for adult protective services for the a/b or the a/b’s spouse.

c. The a/b or the a/b’s spouse must provide convincing evidence which may include but is not limited to a report to law enforcement officials.

4. The a/b, or the a/b’s spouse is a victim of actual or threatened abuse. The a/b or the a/b’s spouse must provide convincing evidence: a. Proof that includes convincing evidence that the a/b, or the a/b’s spouse is a victim of actual or threatened abuse due to the willful infliction of physical pain, injury or mental anguish, unreasonable confinement, or the willful deprivation by a caretaker of services which are necessary to maintain mental and physical health, and

b. Proof of a request to the local agency for adult protective services for the a/b, or the a/b’s spouse.