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Wills, Trusts & Estates Keyed to Gallanis
New York State Bar Association v. Reno
Citation:
999 F.Supp. 710 (N.D.N.Y. 1998)Facts
Before Congress passed section 217 of the Health Insurance Portability and Accountability Act of 1996, certain asset transfers made up to 36 months before a Medicaid application, or transfers to trusts up to 60 months before, could lead to ineligibility for benefits. Section 217 maintained this ineligibility period but introduced criminal penalties, making it a crime to transfer assets to qualify for Medicaid if it caused ineligibility. Violators faced fines up to $25,000, imprisonment up to 5 years, or both. Several organizations, including the NYSBA, lobbied to repeal section 217. Instead, Congress amended it through section 4734 of the Balanced Budget Act of 1997, effective August 5, 1997, which made it illegal to counsel or assist in asset transfers to qualify for Medicaid.
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