In this Chapter, we’re addressing protections for the Community Spouse of an Institutionalized Spouse. The term ”institutionalized spouse” means an individual who – (A) is in a medical institution or nursing facility or who (at the option of the State) is described in section 1396a(a)(10)(A)(ii)(VI) of this title, and (B) is married to a spouse who is not in a medical institution or nursing facility; but does not include any such individual who is not likely to meet the requirements of subparagraph (A) for at least 30 consecutive days. 42 U.S.C. § 1396r-5(h)(1). The term ”community spouse” means the spouse of an institutionalized spouse. 42 U.S.C. § 1396r-5(h)(2).
We will not address specific planning strategies in this Chapter as those will be covered later.
- Opening Comments regarding the Medicaid Community Spouse
- MCCA’s Legislative History
- Protecting Resources for the Community Spouse
- Transfer Penalties and the Community Spouse
- Potential Redetermination When Moving to a New State
- Protecting Income for the Community Spouse
- Post-Eligibility Treatment of the Institutional Spouse’s Income
- Seeking Adjustments to the CSRA or MMMNA
- Divorce and the Community Spouse
BLOG POSTS
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IRS says “Wait a Minute” on Stepping-up Basis for Assets in Irrevocable Trust
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State May Recoup Medicaid Benefits Incorrectly Paid
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Burial Resources and Life Insurance
The SSI rules are a good beginning point because Medicaid cannot impose rules more restrictive than the SSI rules. SSI excludes burial funds up to the exemption limit which is currently $1,500 for the applicant and the applicant’s spouse. POMS SI 01130.410. Burial funds can be: revocable burial contracts; revocable burial trusts; other revocable burial […]
