Section 441.5 - Penalty period for asset transfer(a) Pursuant to section 1917(c) of the Social Security Act (49 Stat. 620, 42 U.S.C. § 1396p(c) ), the department shall impose a penalty of ineligibility for all ineligible days, whether for full months or for a partial month's period of ineligibility, or both, when an applicant, recipient or spouse of an applicant or a recipient of the services set forth in subsection (b) transfers assets for less than fair market value within or after the look-back period as defined in section 1917(c) of the Social Security Act. Transfers totaling five hundred dollars ($500) or less in a calendar month shall not be subject to the penalty.(b) The ineligibility period set forth in subsection (a) shall apply to all of the following: (1) Nursing facility services.(2) Services equivalent to those provided in a nursing facility.(3) Home- and community-based services furnished under a waiver granted under section 1915(c) or (d) of the Social Security Act ( 42 U.S.C. § 1396n(c) or (d) ).1967, June 13, P.L. 31, No. 21, art. 4, § 441.5, added 2005, July 7, P.L. 177, No. 42, § 1, imd. effective.