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Page 36 of 40 § 10:71-4.10 Transfer of assets An Administrative Law Judge (ALJ) concluded that the majority of expenditures made to a residence in the six or seven months before a Medicaid applicant actually entered a nursing home were not transfers of resources within the meaning of N.J.A.C. 10:71-4.10(a) and thus could not form the basis of a determination that the applicant's Medicaid eligibility was properly delayed. The applicant owned a life estate in the residence at issue and while the county board of social services took the position that all of the expenditures were made to benefit the applicant's son, with whom the applicant shared a two-family house, the ALJ determined that only such funds as were used to improve and repair the third floor, which was where the son was now living, were expenditures for which a penalty was properly imposed. The ALJ reasoned that the applicant, as the owner of a life estate, had certain responsibilities, including the responsibility to keep the property in good repair and that expenses that benefited the entire residence were not properly made the basis of an eligibility penalty. T.B., v. DMAHS and Hudson Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 13009-13, 2014 N.J. AGEN LEXIS 299, Initial Decision (May 22, 2014). Atlantic County Board of Social Services properly calculated the penalty for the transfer of assets during the look back period pursuant to N.J.A.C. 10:71-4.10 in determining the date of Medicaid eligibility. Petitioner did not dispute any of the transfers made. She simply testified that her terminally ill husband required full-time care, which she provided. She quit her job and used a majority of the funds to pay for their living expenses. Additionally, she used funds to assist her son with saving his house. She was a co-mortgagee on the home until she executed a quit claim deed to her son in full. Unfortunately, petitioner could not account for any of the funds because as she simply executed checks to her son, who converted them and then paid the mortgage. R.P. v. Atlantic Cnty. Bd. of Social Serv., OAL Dkt. No. HMA 03151-14, 2014 N.J. AGEN LEXIS 282, Initial Decision (May 21, 2014). Determination of the effective date of Medicaid eligibility and imposition of transfer penalty by the Camden County Board of Social Services (CCBSS) was affirmed. The CCBSS was correct in not including a re-gifting from the applicant to her grandson back to the applicant pursuant to N.J.A.C. 10:71-4.10(e)6iii, but the applicant was not entitled to a hardship waiver under N.J.A.C. 10:71-4.10(q) for the remainder of the transfer. She made no showing that she filed a request for an undue hardship exception, and while she provided a great deal of evidence of her current medical state and the care she needed, no evidence was provided that the recovery transferred assets were beyond her control. A.B. v. Camden Cnty. Bd. Social Serv. and Div. of Medical Assistance and Health Serv., OAL Dkt. No. HMA 965-14, 2014 N.J. AGEN LEXIS 277, Initial Decision (May 21, 2014). An Administrative Law Judge (ALJ) concluded that a county board of social services acted properly when it denied an application for Medicaid eligibility made by an applicant on behalf of her deceased husband on a finding that a penalty period of one year and 12 day was properly imposed per N.J.A.C. 10:71-4.10 on account of transfers in the amount of $ 96,420.38 that were made within the relevant look-back period. Though the applicant claimed that the resources were used to care for the decedent during his final, terminal illness, she was unable to account for the funds as most of them were reflected in checks made payable to her son. R.P. v. Atlantic Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 03151-14, State of New Jersey 2014 N.J. AGEN LEXIS 274, Initial Decision (May 21, 2014). An Administrative Law Judge (ALJ) concluded that an applicant for Nursing Home Medicaid was not entitled to a hardship waiver under N.J.A.C. 10:71-4.10(q) from the period of ineligibility based on an asset transfer. The asset transfer involved $ 222,909.28 in resources that the county board of social services determined had been transferred for less than fair market value, including substantial assets that had been transferred to the applicant's grandson. Though the applicant adequately established her current medical state and her need for care, she did not offer any evidence tending to show that the recovery of transferred assets was beyond her control and that she had made good faith efforts, including the exhaustion of remedies available at law or in equity, to recover the transferred assets. A.B. v. Camden Cnty. Bd. of Social Servs., and Div. of Medical Assistance and Health Servs., OAL DKT. NO. HMA 965-14, AGENCY DKT. NO. 0410052140, 2014 N.J. AGEN LEXIS 269, Initial Decision (May 21, 2014). Agency erred in determining that an elderly woman's Global Option Medicaid eligibility was subject to a penalty period per N.J.A.C. 10:71-4.10 due to $ 151,300 in transfers made between October 2006 and October 2011, which transfers were cash gifts. The agency had used a five-year look-back period beginning in 2011 when, in fact, the application at issue had been made on June 21, 2013 for an eligibility date of June 1, 2013. If the proper look-back period was used, the transfer amount that would properly apply was $ 21,378.00, or an approximately three month