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Page 5 of 5 § 10:70-2.1 Application Transfer penalty was properly imposed on the Medicaid eligibility of an 84-year old nursing home resident who suffered from dementia but because the Morris County Board of Social Services (MCBSS) failed to subtract $ 8000 that was deposited into the resident's account during the look-back period, the length of the penalty was properly recalculated. The case was complicated by the fact that, by reason of her medical status, the resident was unable to provide any explanation as to the purpose served by the challenged expenditures. With respect to one such expenditure, which was a $ 13,412 item allegedly used to pay college expenses for a great-niece, the resident's representative did not provide any documentation that corroborated that explanation. J.M. v. Morris Cty. Bd. of Social Servs., OAL DKT. NO. HMA 04773-14, 2015 N.J. AGEN LEXIS 126, Initial Decision (January 28, 2015). Initial Decision (2007 N.J. AGEN LEXIS 209) adopted, which concluded that an application for Medicaid benefits under the Medically Needy program was correctly denied for the applicant's failure to provide requested information regarding three attempts to sell the subject annuity, which the applicant claimed was an unavailable resource; while the Division may ultimately bear the burden of proving that a market exists, and that this particular annuity could be sold, this did not relieve the applicant of her obligation to produce information the Division requested. D.M. v. DMAHS, OAL Dkt. No. HMA 6394-06, 2007 N.J. AGEN LEXIS 546, Final Decision (June 11, 2007). NEW JERSEY ADMINISTRATIVE CODE Copyright © 2025 by the New Jersey Office of Administrative Law End of Document