Matter of Donvito v. Shah

Summary

The New York Appellate Division, Fourth Department, reviewed a CPLR article 78 proceeding challenging the denial of Medicaid benefits. The court held that substantial evidence supported a seven-month Medicaid penalty for transfers of assets below fair market value and the inclusion of civil service pension payments in the decedent's net available monthly income. The court unanimously confirmed the administrative determination and dismissed the petition.

Holdings

1. The agency properly imposed a seven-month Medicaid ineligibility penalty because the petitioner failed to prove that the transfers were made for fair market value or were not motivated, at least in part, by an anticipation of future need to qualify for Medicaid.
2. The agency properly included the decedent's civil service pension payments in calculating his net available monthly income.
3. The administrative determination was supported by the requisite substantial evidence and was therefore confirmed.

Questions Presented

1. Whether the agency properly imposed a seven-month Medicaid ineligibility penalty based on the decedent's transfers of assets for less than fair market value during the look-back period.
2. Whether the petitioner rebutted the presumption that the transfers were motivated, at least in part, by an anticipation of future need to qualify for Medicaid.
3. Whether the decedent's civil service pension payments were properly included in his net available monthly income.
4. Whether the agency's determination was supported by substantial evidence.

Disposition

dismissed