309.03 Responsibilities of an Individual Receiving a Transfer of Assets (MAM)

SR 13-36 Dated 11/13

Previous Policy

__________________________________________________________________

RSA 151-E:19 affects asset transfers made by Medicaid applicants on or after July 2, 2013. If a Medicaid applicant living in a long-term care (LTC) facility transfers assets to another person, and this results in the applicant's disqualification for Medicaid, the person who received the assets shall be liable to the LTC facility for all costs of care, up to the amount that was transferred.

This means that a person who received assets transferred by the Medicaid applicant must repay all or part of the gift to the nursing home or assisted living facility. See RSA 151-E:19,II-VII for more details.

References: He-W 601.05(m), He-W 622.01, RSA 151-E:19, RSA 161-B:1, RSA 161-B:2,XI, RSA 167:2; RSA 167:3; RSA 167:3-a; RSA 167:3-b; 42 CFR 435.602