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Page 34 of 40 § 10:71-4.10 Transfer of assets Decision to deny Medicaid eligibility and to impose a transfer penalty was affirmed by an administrative law judge. The amount paid by the applicant to her son and daughter-in-law for her life interest in her home was a transfer for less than fair market value under N.J.A.C. 10:71-4.10(b)6iii and subject to the transfer penalty. The additional amount she paid to them for renovations also represented a transfer for less than fair market value. While some of the costs were directly related to modifying the property for the applicant to live there, insufficient information remained in the record as to whether the entire amount was for her benefit. H.D. v. Burlington Cnty. Bd. of Social Serv. and the Division of Med. Assistance and Health Serv., OAL Dkt. No. HMA 3495-14, 2014 N.J. AGEN LEXIS 421, Initial Decision (July 22, 2014). Transfer penalty was authorized based on a Medicaid applicant's transfer, to her niece, of the applicant's interest in an LLC that owned her home and of the applicant's subsequent monthly transfers of $ 3,000 to the niece, which transfers allegedly were made on account of the applicant's "room and board" in the home. There was no evidence establishing the basis of the $ 3,000 monthly payment or what services, if any, were provided by the niece. E.B. v. Bergen Cnty. Bd. of Social Serv., OAL DKT. NO. HMA 667-14, 2014 N.J. AGEN LEXIS 922, Final Decision (July 14, 2014). DMAHS adopted in their entirety the findings and conclusions of an ALJ imposing a 10-month, 13-day penalty against an applicant's Medicaid eligibility based on $ 81,898 in transfers made from her checking account to her grandson during the look-back period. No documentary evidence supported the grandson's claim that $ 75,000 represented repayment of a loan or that the grandson was being paid to provide care to his grandmother in accord with a preexisting written agreement. E.M. v. Bergen Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 15670-13, 2014 N.J. AGEN LEXIS 891, Final Agency Decision (July 8, 2014). County board of social services (CBSS) acted properly in denying an application for Medically Needy Nursing Home Medicaid filed on behalf of an applicant based on its finding that she had transferred assets at an unfair market value within the meaning of N.J.A.C. 10:71-4.10. The applicant and her now-deceased husband were joint owners of their residence. Though the couple, in 2006, had executed a quit claim deed conveying the property to their granddaughter, neither of them changed their wills, which purported to leave the property to a group of descendants rather than just the granddaughter named on the quit claim deed, to remove references to the residence therein. Moreover, the granddaughter, as the putative grantee, never assumed any responsibility for taxes or other expenses relating to upkeep of the property. Finally, the deed was not filed until March 26, 2013. All of these factors, taken together, supported CBSS's conclusion that the applicant was the sole owner of the property on the date on which she applied for Medicaid, and that it had been transferred for less than market value. M.H. v. Burlington Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 15923-13, ON REMAND HMA 8129-13, AGENCY DKT. NO. Case No. 0315002570, 2014 N.J. AGEN LEXIS 405, Initial Decision (June 16, 2014). County board of social services (CBSS) erred when it imposed a transfer penalty on the Medicaid eligibility of an applicant on the ground that the withdrawal, by the applicant's sister, of approximately $ 17,000 from a bank account that belonged to the applicant and his sister was a transfer to facilitate qualification for Medicaid. Though CBSS took the position that the amount was transferred to allow the applicant to qualify for Medicaid benefits within the meaning of N.J.A.C. 10:71-4.1(d)2 and that the applicant was thus rendered ineligible per N.J.A.C. 10:71-4.10, the sister established that the funds that she withdrew in fact belonged to her as they were the proceeds from the settlement of a personal injury case. That showing provided adequate grounds per N.J.A.C. 10:71-4.10(e)6ii for a determination that the funds had been transferred for a purpose other than to facilitate the applicant's qualification for Medicaid benefits, thus eliminating the basis on which the CBSS had relied in imposing a transfer penalty on the applicant. L.B. v. Atlantic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 4147-14, AGENCY DKT. NO. 0120009439-01, 2014 N.J. AGEN LEXIS 399, Initial Decision (June 17, 2014). Determination by the Atlantic County Board of Social Services assessing a penalty against a Medicaid applicant arising from the transfer of her half-interest in her home was reversed by an administrative law judge pursuant N.J.A.C. 10:71-4.10(j). The applicant offered convincing proofs that the transfer was in an effort to protect the home from bankruptcy proceedings and was thus for some other purpose than Medicaid eligibility. L.L. v. Division of Med.