Medicaid Transfer of Assets Penalty: How Does it Work?

There is considerable confusion as to the difference between the lookback and the penalty. Under HCFA Transmittal 64 § 3258.4, the lookback date is defined as “the earliest date on which a penalty for transferring assets for less than fair market value can be assessed.

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Thomas Begley

A lifelong resident of Southern New Jersey, Tom earned both his undergraduate and law degrees at Georgetown University. In a career that spans over 50 years he has extensive experience in Elder Law, Medicaid Planning, Special Needs Trusts, Disability Law and Personal Injury Consulting. In addition, Tom is an accredited attorney for the preparation, presentation, and prosecution of claims for veteran’s benefits before the Department of Veterans Affairs (VA).

Tom is a member of the New Jersey Bar Association, all relevant state, local affiliates and the National Academy of Elder Law Attorneys. He is past Chair of the Elder and Disability Law Section and the Real Property Probate and Trust Law Sections of the New Jersey State Bar Association.

Tom is a Certified Elder Law Attorney, a Fellow of the National Academy of Elder Law Attorneys and recipient of the NAELA President’s Award. He is past president and a founding member of the Special Needs Alliance, a national network of lawyers dedicated to serving families of persons with disabilities, recipient of the Alfred E. Clapp award, and the Marilyn Askin Lifetime Achievement Award.

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