A New York appeals court determines that a Medicaid applicant's penalty period should not be reduced even though the applicant's daughter used some of the transferred money to pay for her mother’s assisted living facility. Weiss v. Suffolk County Dept. of Social Services (N.Y. Sup. Ct., App. Div., 2nd Dept., No. 2013-09464, 5418/13, Oct. 1, 2014).
Martha Weiss transferred $78,236.74 to her daughter Beverly Blier. Ms. Blier paid $41,600 to the assisted living facility where Ms. Weiss resided. Ms. Weiss entered a nursing home and applied for Medicaid. The state imposed a 6.84 month penalty period based on the transfer to Ms. Blier.
Ms. Weiss appealed, arguing that the penalty period should be reduced because Ms. Blier returned some of the transferred money to Ms. Weiss by paying for her assisted living facility. The state denied the appeal, and Ms. Weiss appealed to court.
The New York Supreme Court, Appellate Division, dismisses the appeal, holding that the penalty period was appropriate. According to the court, while returned assets can be used to reduce a penalty period, under state regulations, the return of assets applies to the use of assets to pay for an applicant's nursing facility services, not for an applicant's residence in an assisted living facility.
For the full text of this decision, go to: https://www.nycourts.gov/reporter/3dseries/2014/2014_06594.htm
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