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Lancashire Hall Nursing & Rehabilitation Center v. Dep't of Public Welfare

May 27, 2010

LANCASHIRE HALL NURSING & REHABILITATION CENTER, PETITIONER
v.
DEPARTMENT OF PUBLIC WELFARE, RESPONDENT



The opinion of the court was delivered by: Judge McGINLEY

Submitted: April 9, 2010

BEFORE: HONORABLE BERNARD L. McGINLEY, Judge, HONORABLE MARY HANNAH LEAVITT, Judge, HONORABLE JOHNNY J. BUTLER, Judge.

OPINION

Lancashire Hall Nursing and Rehabilitation Center (Lancashire) petitions for review from the Final Administrative Action Order of the Commonwealth of Pennsylvania, Department of Public Welfare, Bureau of Hearings and Appeals (BHA) which affirmed the Administrative Law Judge's (ALJ) decision to impose a 415 day penalty period of Long Term Care (LTC) benefit ineligibility because of the transfer of $98,763.85 of Charles Sherr's (Sherr) resources for less than fair market value (FMV).

The facts, as found by the hearing officer, are as follows:

1. Appellant, Charles Sherr, entered Lancashire Hall nursing facility in Lancaster, PA on July 2, 2008.

2. Dora Sherr is the community spouse of Charles Sherr.

3. Appellant [Sherr] and his spouse were estranged at the time of his placement in the nursing facility.

4. Neighborhood Services of Lancaster, Inc. is the guardian of Appellant [Sherr] because he was found to be a totally incapacitated person on June 13, 2008.

5. Neighborhood Services of Lancaster, Inc., on behalf of Appellant [Sherr], applied for LTC benefits through the Lancaster County Assistance Office (CAO) on July 23, 2008.

6. The Lancaster CAO determined that Appellant's [Sherr] total resources, including Mrs. Sherr's resources, were $207,488.47..

7. Mrs. Sherr owned $207,202.86 of the total resources as the result of an inheritance..

8. The Lancaster CAO allocated $103,744.23 of Appellant's [Sherr] total resources to Mrs. Sherr as the community spouse protected share of resources.

9. Sherr's $103,744.23 share of the resources placed him $95,744.23 over the LTC resource limit of $8,000.

10. Dora Sherr purchased an annuity for herself, using Sherr's share of the resources, in the amount of ...


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