Browse Advisory Opinions

Asks whether Mrs. P's transfer of assets to her nephew, Mr. S, and subsequent application for Medicaid benefits, subjects her to sanction under 42 U.S.C. § 1320a-7b(a)(6), which prohibits certain dispositions of assets for the purpose of qualifying for Medicaid.

Asks whether a state-funded program that pays for insurance premiums for financially needy Medicare beneficiaries with end-stage renal disease would constitute grounds for the imposition of a civil monetary penalty under Section 231(h) of the Health Insurance Portability and Accountability Act of 1996.

It is permissible for a charitable organization partly funded by kidney dialysis providers to pay Medicare Part B, Medigap and other health insurance premiums for end-stage renal disease patients who are financially needy.