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…
The worksheet below is not intended as a substitute for legal advice. It requires an understanding of the Medicaid budgeting…
Every year the Supplemental Security Income (SSI) benefit rate and Medicaid resource allowances are updated. For 2022, the federal benefit…
H.R. 1717, known as the Protecting Married Seniors from Impoverishment Act of 2021, and a companion bill in the Senate…
Deeming Terminates After Eligibility Is Established. Four years later, the Duprees were back in Court. At the annual review on…
Which Home is the Homeplace? Pernie Dupree entered a nursing home on September 11, 2009. Prior to her admission, she had…
Increase CSRA in Superior Court, followed by Application and Fair Hearing. After admission to a nursing home, but prior to…
Incorrect Decision Reached Regarding Status of Community Spouse. A nursing home resident’s spouse was denied a Community Spouse Monthly Income…
Community Spouse Resource Allowance administratively raised. Evidence was stipulated that the combined marital income of the couple did not result…
Treatment of retirement accounts. Section Section 2332 indicates that an applicant must apply for periodic benefits, but does not indicate whether the…