Resource Eligibility

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

Miscellaneous Resource Nuggets – Medicaid and SSI

In States where Medicaid disability determinations are performed by the Social Security Administration, the eligibility rules cannot be more restrictive…

2 years ago

Transfer Penalties

Medicaid beneficiaries cannot “fix” eligibility by giving away resources. A transfer of resources without receipt of fair market value will…

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

Default Community Spouse Resource Allowance

A Community Spouse is entitled to a resource allowance in addition to the income allowance. 42 U.S. Code § 1396r–5(f)(1)…

2 years ago

Deeming

The SSI regulations describe deeming as the process of considering another person's income or resources to be your own. See…

2 years ago

Resource Eligibility

As a general rule, all countable resources owned by the Institutionalized Spouse are considered available to pay his or her…

2 years ago