Statutes, codes, and regulations
Pennsylvania Code (Rules and Regulations)
Title 55 - HUMAN SERVICESPart II - Public Assistance ManualSubpart D - Determination of Need and Amount of AssistanceChapter 178 - RESOURCE PROVISIONS FOR CATEGORICALLY NMP-MA AND MNO-MASubchapter B - AGED, BLIND AND DISABLED CATEGORIES OF MA
DISPOSITION OF PROPERTY AND FAIR CONSIDERATION PROVISIONS FOR THE AGED, BLIND AND DISABLED CATEGORIES OF MA
Section 178.106 - Reestablishment of MA eligibility after transfers made on or after July 30, 1994

55 Pa. Code § 178.106

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Current through Register Vol. 54, No. 24, June 15, 2024
Section 178.106 - Reestablishment of MA eligibility after transfers made on or after July 30, 1994

An individual who is not eligible for MA under §§ 178.104 and 178.105 (relating to disposition of assets and fair consideration provisions for transfers on or after July 30, 1994; and presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994) remains ineligible until one of the following occurs:

(1) The presumption of intent to qualify for MA is successfully rebutted at a prehearing conference, at a hearing or through a court order.
(2) The property is reconveyed to the individual.
(3) The UV of the property is subsequently given to the individual.
(4) The period of ineligibility has elapsed between the time of the transfer and the reapplication for MA. The period of ineligibility is as determined in § 178.104(d) unless the transfer meets the conditions of § 178.104(e).

55 Pa. Code § 178.106

The provisions of this § 178.106 adopted December 23, 1994, effective 12/24/1994, and apply retroactively to July 30, 1994, 24 Pa.B. 6423.

The provisions of this § 178.106 issued under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. §§ 201(2) and 403(b)).

This section cited in 55 Pa. Code § 178.104 (relating to disposition of assets and fair consideration provisions for transfers on or after July 30, 1994).