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subchapter 2-A and apply only to transactions occurring on or after | | July 1, 2005. |
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| | | Sec. DDD-13. Penalty regarding transfers of assets in MaineCare. The | | Department of Health and Human Services shall adopt rules | | governing MaineCare eligibility that impose a penalty for the | | transfer of any asset for less than fair market value to anyone | | other than a spouse or dependent, blind or disabled child. |
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| | | 1. The rules must provide that, when the value of the asset | | is less than or equal to the average monthly cost to a private | | patient in a nursing facility, the penalty must be in the form of | | a one-month disqualification from MaineCare eligibility for | | nursing facility or waiver coverage. |
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| | | 2. The rules must provide for penalties for more than one | | month calculated by comparison of the value of the asset | | transferred to the cost per month of private patient care, using | | a rounding up method for the value of a partial month. |
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| | | 3. The rules may not prevent a transfer to a trust | | established pursuant to 42 United States Code, Section | | 1396p(d)(4) or otherwise specifically allowed by law governing | | the federal Medicaid program under 42 United States Code. |
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| | | 4. The rules may not penalize the recipient for making | | irregular and infrequent gifts, provided the cumulative amount of | | the gifts does not exceed $500 per calendar quarter. |
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| | | 5. By January 1, 2006, the department shall amend the rule on | | penalties for transfers of assets to reflect the current average | | monthly cost to a private-pay patient in a nursing facility. |
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| | | 6. The department shall annually survey nursing homes within | | the State and establish the average monthly cost to a private | | patient in a nursing facility in the State or, at the option of | | the department, in the community in which the individual is | | institutionalized at the time of application. |
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| | | Rules adopted under this section are routine technical rules | | pursuant to the Maine Revised Statutes, Title 5, chapter 375, | | subchapter 2-A and apply only to transactions occurring on or | | after July 1, 2005. |
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| | | Sec. DDD-14. Calculation of community spouse allowance in MaineCare. The | | Department of Health and Human Services shall adopt rules that | | require, in determining eligibility for MaineCare long-term care | | coverage and calculating the minimum |
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