December 1973 Eligibility Requirements

1040.020.40.20 Dispute of Improper Transfer of Assets Penalty

IM-98, December 3, 2012

An individual may dispute the imposition of transfer of assets penalty by providing a full written accounting and documentation of the transfer which clearly explains the following:

  • The purpose for transferring the resource; and
  • The attempts to dispose of the resource at fair market value; and
  • The reasons for accepting less than fair market value for the resource; and
  • The individual’s relationship, if any, to the person to whom the resource was transferred.

The individual must provide documentation verifying the assets were transferred exclusively for some purpose other than establishing MO HealthNet eligibility, thus not improper. The documentation may include, but is not limited to:

  • contracts,
  • realtor agreements,
  • sworn statements,
  • third party statements,
  • medical records,
  • financial records,
  • tax records
  • court records, and/or
  • relevant correspondence.

The occurrence after a transfer of the resources of one or more of the following, while not conclusive, may indicate resources were transferred exclusively for some purpose other than establishing MO HealthNet eligibility:

  • Traumatic onset of disability or blindness (e.g., due to traffic accident); or
  • Diagnosis of a previously undetected disabling condition.

Evidence which is provided must be reviewed by the FSD staff to determine if it is clear, convincing, and credible. Evidence that is not clear, convincing, and credible does not rebut the presumption of an improper transfer.

If further guidance is needed, request a determination of possible eligibility on this factor by sending a summary of the case situation, through the proper supervisory channels for Income Maintenance programs to MO HealthNet Program and Policy at Cole.MHNPolicy@dss.mo.gov. Use the Request for Interpretation of Policy (IM-14) form and provide specific case details along with a copy of documentation of the asset transfer.

If the presumption of improper transfer is not overcome by the individual’s rebuttal, the individual is not eligible for MO HealthNet vendor or HCB coverage if the individual is otherwise eligible for MO HealthNet benefits.