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G. During the penalty period, Medicaid LTSS coverage is unavailable, including Medicaid LTSS provided in a health institution as specified under Part 05-1 of this Chapter, and in home or community-based settings as set forth in Part 10-1 of this Chapter. All non-LTSS Medicaid State Plan and waiver services are available to a person subject to the penalty if otherwise eligible and enrolled in one of the coverage groups identified in Chapters 30 or 40 of this Title. H. The EOHHS reserves the discretion to refer to the appropriate State and/or Federal authorities any applicant who has transferred assets in a manner that indicates an attempt has or is being made to fraudulently gain Medicaid LTSS eligibility. 6.6.2 Rebuttal of Disqualifying Transfer Determination A. The State presumes that disqualifying transfers of assets during the look-back period were made to gain or retain eligibility for Medicaid LTSS. The State has established a process that provides an opportunity to rebut this presumption in accordance with § 1917(c)(2)(C) of the Social Security Act, 42 U.S.C. § 1396p(c)(2)(C). The burden of proof is on the LTSS applicant/beneficiary to prove that the assets were not transferred to meet eligibility requirements. B. There are certain factors the State takes into consideration when evaluating whether there is credible evidence that a disqualifying transfer was made for a reason other than to obtain Medicaid eligibility: 1. Unexpected need for LTSS – Transfers made before the applicant or beneficiary was diagnosed with a previously undetected disabling condition or experiences a sudden traumatic injury from an accident. 2. Financial calamity – Transfers made to cover unexpected loss of income or resources, including any deemed available from another person, necessary to meet financial obligations or prevent imminent risk to health and/or safety. 3. No impact on eligibility – Total countable resources would have been at or below the resource limit at all times from the month of disqualifying transfer through the present month even if the asset had been retained. 4. Court-ordered – Transfers made to satisfy a court-order, including any required to cover familiar support obligations or satisfy liens or debts. C. The person making the rebuttal, whether the applicant or beneficiary or an authorized representative making the rebuttal on his or her behalf, must provide a written statement that includes: 1. Reasons for the transfer – An explanation of why the asset was transferred and the relationship of the LTSS applicant’s/beneficiary to the person who received the transfer.