Income Eligibility

Potential Redetermination When Moving to a New State

In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…

2 years ago

Transfer Penalties and the Community Spouse

Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…

2 years ago

Protecting Resources for the Community Spouse

Federal law protects the healthy (or healthier) spouse of a nursing home resident. The healthier spouse is known in Medicaidland…

2 years ago

MCCA’s Legislative History

The following the committe report for the Medicare Catastrophic Coverage Act of 1988 (MCCA): The leading cause of financial catastrophe…

2 years ago

Opening Comments regarding the Medicaid Community Spouse

While nursing home bills accrue, the healthy or well spouse, known as the “Community Spouse,” [Note 1] struggles to identify…

2 years ago

Practical Considerations when Preparing Medicaid Applications

If you agree to file a client's Medicaid application as part of your representation, here are a few practical considerations.…

2 years ago

Changing the Default Rules for a Community Spouse

As with the income rules, the resource defaults may be changed. First, if all of the Applicant's income has been…

2 years ago

Medicaid Planning Scenario: Am I eligible for Medicaid?

Let's assume Betty, a widow, will go to a Georgia nursing home in the near future (using 2022 eligibility rules…

2 years ago

Medicaid Cannot be More Restrictive Than SSI in 1634 States (Non-209(b) States)

Several overriding rules control the creation and application of Medicaid eligibility criteria by the states. These rules are applicable to…

2 years ago

Gross Income Used to Determine Whether Qualified Income Trust is Necessary (Ohio)

In Merritt v. Ohio Department of Job and Family Services, Case No. CA2021-04-044 (12/27/2021), Jerome Merrit applied for Ohio nursing…

2 years ago