A New York appeals court rules that a Medicaid applicant did not rebut the presumption that her transfers were made in order to qualify for Medicaid because she did not show a pattern of making large transfers in the past. Estate of Burke v. Zucker (N.Y. Sup. Ct., App. Div., 4th Dept., No. TP 16-00501, Dec. 23, 2016).
Emilie Burke transferred approximately $150,000 to her children and grandchildren in June 2010 when she was 86 years old. In November 2014, she applied for Medicaid. The state imposed a penalty period due to the transfer of assets.
Ms. Burke appealed, arguing that the transfers were made for a purpose other than to qualify for Medicaid. After a hearing, the state upheld the penalty period. Ms. Burke appealed to court.
The New York Supreme Court, Appellate Division, upholds the penalty period. According to the court, given Ms. Burke's advanced age and questionable health, as well as the fact that there was no evidence Ms. Burke made large uncompensated transfers in the past, Ms. Burke did not rebut the presumption that the transfers were made in order to qualify for Medicaid.
For the full text of this decision, go to: https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2016/12-23-16/PDF/1203.pdf
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