Everyday Law · Appellate Division of the Supreme Court of the State of New York
3d
AI illustrationA woman applied for Medicaid but had a transfer penalty. Did the state unfairly deny her waiver?
Your callDid the Department of Health deny the waiver unfairly?
TL;DR
- 1A woman applied for Medicaid while living in a nursing home but faced a transfer penalty for moving assets earlier.
- 2She argues that the state should have considered her request for a waiver for undue hardship without her asking first.
- 3The Department of Health says her waiver takes effect three months before she applied, and they correctly followed the rules.



