C.M.R. 10, 144, ch. 336 - TRANSFER OF ASSET PENALTY FOR STATE-FUNDED ASSISTANCE IN RESIDENTIAL CARE

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.