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A.M v. Division of Medical Assistance and Health Services and

SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION


March 18, 2011

A.M., APPELLANT,
v.
DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES AND
MONMOUTH COUNTY DIVISION OF SOCIAL SERVICES, RESPONDENTS.

On appeal from Department of Human Services, Division of Medical Assistance and Health Services.

Per curiam.

NOT FOR PUBLICATION WITHOUT THE APPROVAL OF THE APPELLATE DIVISION

Argued March 8, 2011

Before Judges Espinosa and Skillman.

This is an appeal from a final decision of the Director of the Division of Medical Assistance and Health Services, which upheld a determination by respondent Monmouth County Division of Social Services that appellant A.M., who is now deceased, was subject to a transfer penalty of three months and seven days before she became eligible for Medicaid nursing home benefits, based on her gift to her son, less than sixty months before her admission into the nursing home, of $22,103.97, which was more than half of her total assets. We affirm substantially for the reasons set forth in the Director's final decision. We also note that appellant's estate failed to present any evidence as to how appellant was allegedly able to live independently during the period between her substantial gift to her son and her admission to the nursing home. Therefore, the record provides adequate support for the Director's finding that appellant's estate did not establish that appellant's gift to her son was exclusively for some purpose other than establishing Medicaid eligibility. See N.J.A.C. 10:71-4.10(l)(3).

Affirmed.

20110318

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