Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 336 - TRANSFER OF ASSET PENALTY FOR STATE-FUNDED ASSISTANCE IN RESIDENTIAL CARE
- Section 144-336-1 - DEFINITION OF THE LOOK BACK PERIOD
- Section 144-336-2 - DEFINITION OF INDIVIDUAL
- Section 144-336-3 - DEFINITION OF ASSETS SUBJECT TO TRANSFER
- Section 144-336-4 - EXEMPT TRANSFERS
- Section 144-336-5 - FAIR MARKET VALUE
- Section 144-336-6 - DISPROVING THE PRESUMED TRANSFER
- Section 144-336-7 - ESTABLISHING DATE AND VALUE OF TRANSFER
- Section 144-336-8 - ESTABLISHING A PENALTY
- Section 144-336-9 - HARDSHIP WAIVERS
As directed in P.L. 2011, Ch. 380, Part MM, the Department of Health and Human Services will impose a penalty (waiting period) for State-Funded Assistance in certain residential care settings for those who transfer their assets for less than Fair Market Value within the "look back period." The residential care settings are Residential Care Facility, Cost Reimbursed Boarding Home, and Adult Family Care Home as defined in Chapter 332, Part 12.
State-Funded Assistance is assistance provided pursuant to 22 M.R.S. §3174-A. This provides assistance with the cost of room & board and medical costs incurred while meeting the medically-needy deductible as described in Chapter 332, Part 10 of the MaineCare Eligibility Manual.
A transfer subject to Chapter 336 will not impact eligibility for Medicaid generally, but may impact eligibility for specific Medicaid services as found in Chapter 332, Part 15 of the MaineCare Eligibility Manual. This transfer penalty is separate and distinct from any transfer penalty imposed on institutionalized individuals in Chapter 332, Part 15 of the MaineCare Eligibility Manual.
STATUTORY AUTHORITY: 22 M.R.S.A. §3173 ; P.L. 2011, Ch. 380, Part MM
