Law, Regulations, Cases and Rules related to the Community Spouse for Medicaid purposes
When applying for Medicaid, the nursing home spouse (called the Institutionalized Spouse) is often a joint owner (or sole owner)…
Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…
MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…
As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…
Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…
In Dullard v. Minnesota Department of Human Services, 529 N.W.2d 438, 443 (Minn. App. 1995), Minnesota was allowed to reevaluate…
Some couples might consider reducing the size of the marital estate by giving their resources away. Frequently this is the…
Federal law protects the healthy (or healthier) spouse of a nursing home resident. The healthier spouse is known in Medicaidland…
While nursing home bills accrue, the healthy or well spouse, known as the “Community Spouse,” [Note 1] struggles to identify…
The standards for the 2022 Community Spouse Resource Allowance and Community Spouse Monthly Income Allowance have been updated in the…
