Presumption of Reason for Transfer 510-05-80-40

(Revised 06/01 ML #2590)

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(N.D.A.C. Section 75-02-02.1-33.1)

 

  1. There is a presumption that a transfer for less than market value was made for purposes which include the purpose of qualifying for Medicaid:

  1. In any case in which the individual's assets (and the assets of the individual's spouse) remaining after the transfer produce income which, when added to other income available to the individual (and to the individual's spouse) totals an amount insufficient to meet all living expenses and medical costs reasonably anticipated to be incurred by the individual (and by the individual's spouse) in the month of transfer and in the thirty-five months (fifty-nine months in the case of a transfer from a revocable trust that is treated as assets or income disposed of by an individual (or the individual’s spouse) or in the case of portions of an irrevocable trust that are treated as assets or income disposed of by an individual (or the individual's spouse)) following the month of transfer;
  2. In any case in which a transfer is made by or on behalf of the individual or the individual's spouse, if the value of the transferred income or asset, when added to the value of the individual's other countable assets, would exceed the asset limits of $3000 for one person or $6000 for two persons (including spousal impoverishment cases); or
  3. In any case where the transfer was made, on behalf of the individual or the individual’s spouse, by a guardian, conservator, or attorney in fact, to the guardian, conservator, or attorney in fact or to any spouse, child, grandchild, brother, sister, niece, nephew, parent, or grandparent, by birth, adoption, or marriage, of the guardian, conservator, or attorney in fact.

  1. An applicant or recipient who claims that income or assets were transferred exclusively for a purpose other than to qualify for Medicaid must show that a desire to receive Medicaid benefits played no part in the decision to make the transfer and must rebut any presumption as described above. The fact, if it is a fact, that the individual would be eligible for Medicaid benefits had the individual or the individual's spouse not transferred income or assets for less than market value, is not evidence that the income or assets were transferred exclusively for a purpose other than to qualify for Medicaid.