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C. The State determines the penalty period for disqualifying transfers made before February 8, 2006 as follows: 1. Determine the equity value of all assets transferred in the thirty-six (36) months before the applicant applied for Medicaid, other than those transferred to or by a trust. 2. Determine the equity value of all assets transferred into or by a trust in the sixty (60) months before the applicant applied for Medicaid. 3. Divide the total equity value of the transferred assets by the average monthly cost of nursing services at the time of application to determine the number of months of penalty. Drop any fraction remaining, so the result is in whole months. D. The State determines the penalty period for disqualifying transfers made on or after February 8, 2006 as follows: 1. Total uncompensated value – The total uncompensated value is calculated by adding the disqualifying transfers made by the Medicaid applicant/beneficiary and/or the non-LTSS spouse during the applicable look-back period if the transfer occurs prior to a determination of eligibility, or the application date if the transfer happens after eligibility is determined. 2. Penalty divisor – The UV of the disqualifying transfers is divided by the average daily/monthly cost of nursing facility care in Rhode Island, at the current statewide average private pay rate. As of April 2026, the average monthly private pay rate is $12,106 and the average daily private pay rate is $398. E. The State determines the penalty period of ineligibility in special circumstances as follows: 1. Transfer patterns – If the State detects a pattern of uncompensated transfers over a period of months that, when totaled, equal or exceed the resource limit, the State presumes these have been made to gain Medicaid LTSS eligibility and treats the amount in total as a disqualifying transfer, unless provided a reasonable rebuttal in accordance with § 6.6.2 of this Part. 2. Spousal eligibility – If the non-LTSS spouse becomes eligible for Medicaid LTSS after the penalty period is established, the State divides the period of ineligibility in half and applies one-half (1/2) of the penalty period to each spouse. If one (1) spouse dies before the penalty period is completed, the remaining period of ineligibility applies to the surviving spouse.