A.M. v. Monmouth Cnty. Bd. of Soc. Serv.

In A.M. v. Monmouth Cnty. Bd. of Soc. Serv., the New Jersey Appellate Division dealt with a dispute over property that a Medicaid recipient transferred to her son for less than the fair market value before the recipient applied for the benefit. Typically, an applicant’s transfer of property for less than fair market value within 60 months of seeking Medicaid suffers a penalty for that transfer. But a child caregiver exemption established in N.J.A.C. 10:71-4.10(d)(4) permits such a transfer under certain circumstances. Here, the Appellate Division held that the son adequately proved the transfer qualified for the transfer because he provided a level of care to his mother that went beyond what was normally expected from a child, and that care delayed her institutionalization.

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