Payment To Assisted Living Facility Results in Penalty Period.

 A resident of an assisted living facility transferred almost $80,000 to her daughter who then paid over $40,000 to the assisted living facility.  The resident then entered a nursing home and made an application for Medicaid benefits.  The state (NY) Medicaid agency treated the transfer as an uncompensated transfer resulting in a 6.84-month benefit disqualification penalty.  The resident argued that the penalty period should be reduced because the daughter effectively transferred funds back to her mother to the extent she paid for her costs to reside in the assisted nursing facility.  However, the court disagreed.  The court noted that the funds were used to pay for the mother's residence in the assisted nursing facility rather than for services.  In re Weiss, 121 A.D.3d 703, 993 N.Y.S.2d 368 (2014). 

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