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b. The transfer(s) considered: • 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 Medicaid eligibility, • the right to prove compensation has been received, • the right to prove the a/b has been defrauded, • The right to prove the asset has been returned, prove the money has been spent on behalf of the individual, or right to prove intent to dispose asset at current market value. See XI. above.
Refer to MA-2230, Financial Resources, for requirements to rebut the value of the asset.
2. Follow application processing procedures when requesting information from an applicant. Send at least two requests for information to the applicant. Refer to MA-2300, Applications.
3. Allow the beneficiary 12 calendar days to provide evidence to rebut the reason for the transfer, rebut the established value of the transferred asset, etc. Allow an additional 12 calendar days if evidence is not received within the first 12 days. 4. The local agency has 12 calendar days to make a decision after the information is received. If the local agency determines additional information is needed, allow an additional 12 calendar days for the a/b to provide the information.
5. If the a/b proves that the transfer was not made to become eligible for Medicaid, document the case record and notify the a/b and authorized representative, if applicable, by DSS-8110 that the sanction will not be imposed.
6. If the a/b provides evidence that:
• rebuts the established value of the transferred asset • that compensation has been received • that all or a portion of the asset has been returned • money has been spent on their behalf. a. Recalculate the sanction period, document the case record and notify the a/b and authorized representative, if applicable, of the change.
b. If the change results in no sanction, notify the a/b and authorized representative, if applicable, in writing that the sanction will not be imposed.