Connecticut governor Dannel Malloy is proposing that the state's Medicaid program implement a "full return" rule regarding transferred assets. Currently in Connecticut, as in most states, if a penalty period is imposed due to an asset transfer, the state will shorten the length of the penalty period by the amount of returned funds, even if only a portion of the funds are returned. Now Connecticut's governor is proposing that there be no reduction at all in the length of the penalty for partial returns -- the penalty will be reduced only if there is a full return of the transferred assets.
Elder law attorneys in the state, spearheaded by Whitney M. Lewendon of the New Haven firm Coan, Lewendon, Gulliver and Miltenberger LLC, will be testifying before the legislature and meeting with the governor's General Counsel this week. In preparation for these appearances, they are wondering how many other states now apply a "full return" requirement before a Medicaid penalty period can be reduced.
If your state employs this practice, please e-mail ken@elderlawanswers.com
To contact Mr. Lewendon directly, e-mail: wlewendon@coanlewendon.com