Look Back; Exemption for Certain Contributions

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Sec. 23. (a) This section is effective beginning October 1, 2009.

(b) When the office conducts a look back (as described in 42 U.S.C. 1396p(c)) to determine, for purposes of eligibility, whether an individual improperly transferred assets, the office shall not consider in total one thousand two hundred dollars ($1,200) per year of contributions made by the individual to a:

(1) family member; or

(2) nonprofit organization;

as an improper transfer.

(c) Any rule adopted by the office of the secretary concerning a transfer of property may not apply to a transfer of property that occurred before the effective date of the rule.

As added by P.L.14-2009, SEC.1. Amended by P.L.229-2011, SEC.123.


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