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relevant documentation that shows the following:

a. The a/b or the a/b’s spouse’s purpose for transferring the asset

b. The a/b or the a/b’s spouse’s attempts to dispose of the asset at current market value c. The a/b or the a/b’s spouse’s reasons for accepting less than current market value such as: (1) A forced sale was done under reasonable circumstances (2) Little or no market demand exists for the type of asset transferred; or (3) The asset was transferred to settle a legal debt approximately equal to the current market value of the transferred assets; and

d. The a/b, or the a/b’s spouse’s relationship, if any, to the persons to whom the asset was transferred.

e. In addition to the written evidence provided, evidence from other sources may be considered. Examples of other sources include but are not limited to: • bank records, • medical records or • oral or written statements from persons knowledgeable about the a/b’s situation and the transfer of assets. XIII. DECISION AND NOTIFICATION PROCEDURES (DENIAL/REBUTTAL/UNDUE HARDSHIP)

When it is determined that a non-allowable transfer has occurred and a sanction period is to be applied, notify the a/b and the authorized representative, if applicable, in writing of the sanction period and rebuttal procedures. Local agencies must have procedures in place to ensure that this process continues timely. Delays of required notification can significantly affect the ability to complete the transfer of assets evaluation within the required timeframes resulting in charge backs to the county for failure to complete within three full calendar months following the authorization. A. Determination of Medicaid Eligibility

Do not delay the determination of Medicaid eligibility, including institutional services, while completing a transfer of assets evaluation. This includes all MAGI and non-MAGI programs. An a/b may be eligible or ineligible for Medicaid regardless of a transfer of assets.

1. If the a/b is found ineligible for Medicaid, a sanction for transfer of assets cannot be applied. Stop the evaluation of the transfer of assets.

2. If the a/b is found eligible for Medicaid, is approved for institutional services, and