Page 14

MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD

F-435.1 Division of Welfare and Supportive Services TRANSFER OF ASSETS Medical Assistance Manual TRANSFER/DISPOSAL OF ASSET NOTIFICATION (FORM 2601) 23 Oct 01 MTL 04/23 for the individual to:

a. Rebut the presumption of transfer; or

b. Request an undue hardship.

The notice to the individual advises them of the undue hardship exceptions.

If the customer does not respond within the 20-day time limit, the case manager will assume he/she does not want to rebut the presumption of transfer or request an undue hardship waiver. The penalty period will remain imposed and HCBW benefits or long- term care benefits, as applicable, will not be paid by Medicaid during the penalty period.

If a rebuttal or undue hardship request is submitted, follow the appropriate steps.

F-435.2 Rebuttal

If the individual rebuts the presumption of the transfer, it is their responsibility to present convincing evidence responding specifically to each of the following listed points that the asset was transferred exclusively for some reason other than to become eligible or retain eligibility for Medicaid, LTC or HCBW services. The rebuttal must include:

a. A written statement from the customer/authorized representative and the other individual(s) involved in the transfer, stating the reason for the transfer;

b. Verification of the attempts to dispose of the asset at fair market value, if applicable;

c. Documentation fair market value was received if that is the contention or the reasons for accepting less than fair market value;

d. The customer's relationship, if any, to the person(s) to whom the resource was transferred;

e. The customer's plans for self-support after the transfer;

f. Any relevant documentation regarding the transfer such as legal documents, correspondence, statements from other individuals, receipts, etc.

Once a rebuttal and all the necessary information to substantiate the claim are received, the case manager must determine if the information specifically addresses points (a)

loading…

Page 14

Official source

MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD MAABD

F-435.1 Division of Welfare and Supportive Services TRANSFER OF ASSETS Medical Assistance Manual TRANSFER/DISPOSAL OF ASSET NOTIFICATION (FORM 2601) 23 Oct 01 MTL 04/23 for the individual to:

a. Rebut the presumption of transfer; or

b. Request an undue hardship.

The notice to the individual advises them of the undue hardship exceptions.

If a rebuttal or undue hardship request is submitted, follow the appropriate steps.

F-435.2 Rebuttal

a. A written statement from the customer/authorized representative and the other individual(s) involved in the transfer, stating the reason for the transfer;

b. Verification of the attempts to dispose of the asset at fair market value, if applicable;

c. Documentation fair market value was received if that is the contention or the reasons for accepting less than fair market value;

d. The customer's relationship, if any, to the person(s) to whom the resource was transferred;

e. The customer's plans for self-support after the transfer;

f. Any relevant documentation regarding the transfer such as legal documents, correspondence, statements from other individuals, receipts, etc.

Once a rebuttal and all the necessary information to substantiate the claim are received, the case manager must determine if the information specifically addresses points (a)