It has become clear to me that my worst fears regarding the 2006 changes to the Medicaid transfer penalty rule have become true.  Expanding the lookback period to five years from three years has put an insurmountable burden on seniors with dementia and their families.

The Counties have been very aggressive in their documentation requirements for the five year period to the point that Medicaid eligible seniors are not qualifying for Medicaid.

At a recent fair hearing, I successfully argued that the gifts were made exclusively for purposes other than to qualify
for Medicaid, even though the applicant was in frail health at the time of the gifts.

Without this approval, I do not know how the nursing home would have been paid the $100,000 it was owed; the gifted money had been spent. This was a win-win situation for both the client and the nursing home.