§ 178.176. Reestablishment of MA eligibility after transfers made on or after July 30, 1994.
An individual who is not eligible for MA under § § 178.174 and 178.175 (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 § 178.174(d) unless the transfer meets the conditions of § 178.174(e).
Authority The provisions of this § 178.176 issued under sections 201(2) and 403(b) of the Public Welfare Code (62 P. S. § § 201(2) and 403(b)).
Source The provisions of this § 178.176 adopted December 23, 1994, effective December 24, 1994, and apply retroactively to July 30, 1994, 24 Pa.B. 6423.
Cross References This section cited in 55 Pa. Code § 178.174 (relating to disposition of assets and fair consideration provisions for transfers on or after July 30, 1994).
APPENDIX A
NMP-MA RESOURCE LIMITS
The resource limits against which nonexcluded resources are considered for NMP-MA persons, whether institutionalized or noninstitutionalized, are:
(a) Aged, Blind and Disabled
One person…$2,000
Two persons…$3,000
(b) AFDC
Regardless of the number of persons in the
applicant/recipient group…$1,000(c) GA
One person…$ 250
Two or more persons…$1,000
MNO-MA RESOURCE LIMITS
The resource limits against which nonexcluded resources are considered for MNO-MA persons, whether institutionalized or noninstitutionalized, are:
One person…$2,400
Two persons…$3,200
Each additional person…$300
RESOURCE LIMITS FOR PREGNANT WOMEN
If a pregnancy is medically verified, the unborn child is counted as a member of the applicant recipient group when establishing the NMP-MA or MNO resource limit.
Source The provisions of this Appendix A amended December 30, 1988, effective January 31, 1989, 18 Pa.B. 5798. Immediately preceding text appears at serial page (130564).
Cross References This appendix cited in 55 Pa. Code § 178.91 (relating to deeming of resources); 55 Pa. Code § 178.102 (relating to presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994); 55 Pa. Code § 178.105 (relating to presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994); 55 Pa. Code § 178.123 (relating to determining the spousal share of resources at the same time the institutionalized spouse applies for MA); 55 Pa. Code § 178.124 (relating to resource eligibility for the institutionalized spouse); 55 Pa. Code § 178.126 (relating to resources received by the institutionalized spouse after MA eligibility is determined); 55 Pa. Code § 178.172 (relating to presumption of disposition of property to qualify for MA for transfers during the period of January 4, 1991, through July 29, 1994); and 55 Pa. Code § 178.175 (relating to presumption of disposition of assets to qualify for MA for transfers on or after July 30, 1994).
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