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<br /> eligibility for medical assistance benefits unless the person, or his the person's legal =
<br /> representative, who sells, gives, assigns or transfers the property or interest, receives -
<br /> valuable consideration at least equal to the fair market value, less encumbrances, of
<br /> the property or interest.
<br /> (c) Any Person wite, i _,r _ �„ his -, ___ who sells
<br /> .., ..i�J .. _..ate V -r ,...u....__. : ,
<br /> gives, assigns or transfers real or personal property or an interest t4terein in real or
<br /> personal property for the pur-pose of retainin or establishing eligibility for medical
<br /> assistance benefits, as provided in subsectiona) of this section, sitaR shall, after the
<br /> time of transfer. be ineligible-tar receive these benefits iite until.an amount
<br /> equal to the uncompensated value of the property or interest has been expended by
<br /> or on behalf of the person for h4 the ep rson's maintenance and support, including
<br /> medical expenses, paid or incurred, or shall be ineligible in accordance with the
<br /> following schedule, whichever is sooner:
<br /> (1) For uncompensated value of at least one thousand dollars ($1,000)
<br /> but not more than six thousand dollars ($6,000), a one-year period
<br /> of ineligibility from date of sale, gift, assignment or transfer;
<br /> (2) For uncompensated value of more than six thousand dollars
<br /> ($6,000) but not more than twelve thousand dollars ($12,000), a
<br /> two-year period of ineligibility from ¢ate of sale, gift, assignment or
<br /> transfer;
<br /> (3) For uncompensated value of more than twelve thousand dollars
<br /> ($12,000), a two-year period of ineligibility from date of sale, gift,
<br /> assignment or transfer, plus one additional month of ineligibility
<br /> for each five hundred dollar .($500.00) increment or portion
<br /> thereof by which the uncompensated value exceeds twelve
<br /> thousand dollars (S12,000), but in no event to exceed three years.
<br /> (d) The sale, gift, assignment or transfer for a consideration less than fair market
<br /> -value, less encumbrances,.of any tangible personal property which was acquired with -
<br /> the proceeds of sale, ass. ent or transfer of real or intangible personal property
<br /> described in subsection (a of this section or in exchange for such real or intangible
<br /> personal property shall be presumed to have been for the purpose of evading the
<br /> provisions of this section if the acquisition and sale, gift, assignment or transfer of the
<br /> tangible personal-property is by or on behalf of a person receiving medical assistance
<br /> or within one year of malung application for such assistance and the consequences of
<br /> the sale, gift, assignment of transfer of such tan ble personal property shall be
<br /> determined under the provisions of subsections (c , and g) of this section.
<br /> (e) The presumptions created by subsections �b) and (d) may be overcome if the
<br /> person receiving or applying for medical assistance, or his the person's legal
<br /> representative, establishes by the greater weight of the evidence that the sale, gift,
<br /> assignment or transfer was exclusively for some purpose other than retaining or
<br /> establishing. eligibility for medical assistance benefits.
<br /> (f) For the purpose of establishing uncompensated value under subsection (c), the
<br /> value of property or an interest therein shall be the fair market value of the property =
<br /> or interest, at the time of the sale, gift, assignment or transfer, less the amount of
<br /> compensation, if any, received for the property or interest..There shall be a rebuttable
<br /> presumption that the fair market value of real property is the most recent property
<br /> tax value of the property, as ascertained according to Subchapter II of Chapter 105 of
<br /> the General Statutes. Fair market value for purpose of this subsection shall be such
<br /> value, determiner) as above set -out, less any legally enforceable encumbrances to
<br /> which the property is subject.
<br /> (g) In the event that there is more than one sale, gift, assignment or transfer of
<br /> property or an interest therein by a person receiving medical assistance or within one
<br /> year of the date of an application for medical assistance, unless some other time
<br /> Page 270 Senate Bill 352
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