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Page 33 of 40 § 10:71-4.10 Transfer of assets applicant's eligibility was properly imposed. I.M. v. Atlantic Cnty. Bd. of Social Servs. & DMAHS, OAL DKT. NO. HMA 4710-14, AGENCY DKT. NO. 0110032695, 2014 N.J. AGEN LEXIS 491, Initial Decision (August 14, 2014). Application for long term nursing care Medicaid eligibility was denied for the period August 2, 2013, through January 21, 2014, not through July 19, 2015 as calculated by the Hunterdon County Board of Social Services (HCBSS). Although the HCBSS completely discounted amounts paid under a caregiver agreement as arising from transfers for less than adequate consideration pursuant to N.J.A.C. 10:71-4.10(l), the administrative law judge found that the applicant's daughter transferred a value (the use of a residence to the applicant for a portion of the amount at issue. The caregiver agreement only served to memorialize the pre-existing actions of the parties for the applicant to contribute the fair market value rental obligation for her use of the separate apartment. There was no indication that the transfers occurred for the applicant to become Medicaid eligible. Div. of Med. Assistance and Health Serv. and Hunterdon Cnty. Bd. of Social Serv., OAL DKT. NO. HMA 4558-14, 2014 N.J. AGEN LEXIS 461, Initial Decision (August 12, 2014). County board of social services (CBSS) acted properly when it imposed a transfer penalty of 104 days on the Medicaid eligibility of an applicant and determined that the penalty period was to begin on the date on which the applicant became eligible for Medicaid. While the parties agreed that the penalty was 104 days, the applicant challenged the determination based on her claim that the period of ineligibility described in N.J.A.C. 10:71-4.10(m)1i should begin on November 4, 2013, the date on which the applicant transferred a share of the interest in her home to her son for less than market value. However, because N.J.A.C. 10:71-4.10(m) and 42 U.S.C.S. § 1396p(c) were in conflict, the federal statute governed and the penalty period for transferring assets at less than fair market value was properly calculated as beginning on the latter of: (1) the month of the transfer; (2) the month after the transfer; or (3) the date upon which the individual became Medicaid eligible and would be receiving institutional level of services if not for the penalty period. Since the applicant was not Medicaid-eligible due to her receipt of $ 65,000 on account of her share of proceeds from the sale of the house, the penalty period had not begun to run and would not run until she again became Medicaid-eligible. I.L. v. Passaic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 01465- 14, AGENCY DKT NO. 1620362403, 2014 N.J. AGEN LEXIS 476, Initial Decision (August 6, 2014). Applicant for Global Options waiver program who voluntarily reduced the amount that she was entitled to receive from her ex-husband from $ 2,055 to $ 1,500 was ruled ineligible for benefit. The county agency was right to disregard the voluntary reduction and credit her with the entire amount of the monthly payment since it was clear that the applicant had sought to reduce her income so as to become Medicaid eligible. G.D. v. DMAHS and Burlington Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 2840-2014, 2014 N.J. AGEN LEXIS 934, Final Administrative Determination (August 1, 2014). County board of social services (CBSS) and Division of Medical Assistance and Health Services (DMAHS) did not err in imposing a transfer penalty on the Medicaid eligibility of an applicant on the ground that the transfer, to the applicant's daughter, of $ 18,555.64 of the proceeds of a CD owned by the applicant was made for less than fair value. Though the daughter insisted that the entire amount actually represented rent paid by her mother to her over a five year period and though the daughter submitted uncashed checks that totaled $ 18,048, there was no evidence that they actually were written when they were purported to have been written and were no longer negotiable on the date on which funds were transferred from the applicant's CD to her daughter. Since the presumption was that the amount had been transferred to allow the applicant to qualify for Medicaid benefits within the meaning of N.J.A.C. 10:71-4.1(d)2, was not rebutted, the applicant was properly rendered ineligible per N.J.A.C. 10:71-4.10 and a transfer penalty imposed. C.D. v. Camden Cnty. Bd. of Social Servs. and Div. of Medical Assistance & Health Servs., OAL DKT. NO. HMA 4606-14, AGENCY DKT. NO. 0410052983, 2014 N.J. AGEN LEXIS 444, Initial Decision (August 1, 2014). Questions as to the manner in which a county board of social services used to determine eligibility of a Medicaid applicant, which eligibility was denied on a finding that the applicant had transferred resources for less than fair market value afforded grounds for an order returning the matter to the county for further consideration. M.J. v. DMAHS and Essex Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 724-14, 2014 N.J. AGEN LEXIS 923, Final Administrative Determination (July 25, 2014).