An applicant/recipient who is not eligible for MA under § § 178.171 and 178.172 (relating to disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994; and presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994) remains ineligible until one of the following occurs and the changes are reviewed based on the resource requirements in this chapter:

1. (1) The presumption of intent to qualify for MA is successfully rebutted at a prehearing conference, at a hearing or through a court order.
2. (2) The property is reconveyed to the applicant/recipient.
3. (3) The UV of the property is subsequently given to the applicant/recipient.

4. (4) Thirty months or a shorter period as established under § 178.171(h) has elapsed between the time of the transfer and the reapplication for MA. The period of ineligibility may be less than 30 months if:

   1. (i) The property transferred for less than fair consideration was the home of the applicant/recipient.
   2. (ii) The UV of the home was less than the average amount payable under the MA Program for 30 months of NFC. The period during which the UV shall be considered is the number of months arrived at by dividing the UV by the average monthly payment rate for NFC.

Authority

The provisions of this § 178.173 amended under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)).

Source

The provisions of this § 178.173 adopted August 28, 1992, effective upon publication and apply retroactively to October 1, 1989, 22 Pa.B. 4432; amended December 23, 1994, effective December 24, 1994, and apply retroactively to January 4, 1991, 24 Pa.B. 6423. Immediately preceding text appears at serial pages (171833) to (171834).

Notes of Decisions

The proceeds from the sale of a farm held in a joint account which were then placed in a trust account administered by the petitioner’s son did not divest the petitioner of her interest in the proceeds in that such transfers were made and the funds were held by her attorney-in-fact. The funds were properly considered in determining her eligibility for MA. Park v. Department of Public Welfare, 582 A.2d 1138 (Pa. Cmwlth. 1990)

Cross References

This section cited in 55 Pa. Code § 178.171 (relating to disposition of property and fair consideration provisions for transfers during the period of January 4, 1991, through July 29, 1994).