130 Mass. Reg. 520.018

Current through Register 1523, June 7, 2024
Section 520.018 - Transfer of Resources Regardless of Date of Transfer
(A) The provisions of 42 U.S.C. 1396p apply to all transfers of resources. In the event that any portion of 130 CMR 520.018 and 520.019 conflicts with federal law, the federal law supersedes.
(B) The MassHealth agency denies payment for nursing-facility services to an otherwise eligible nursing-facility resident as defined in 130 CMR 515.001: Definition of Terms who transfers or whose spouse transfers countable resources for less than fair-market value during or after the period of time referred to as the look-back period.
(C) The denial of payment for nursing-facility services does not affect the individual's eligibility for other MassHealth benefits.
(D) Circumstances giving rise to disqualifying transfers of resources are also described at 130 CMR 520.007(J).

130 CMR 520.018

Amended by Mass Register Issue 1486, eff. 1/6/2023.