Protecting Income for the Community Spouse

2 years ago

Income and resources are treated differently. Unlike resources, income is not pooled in determining eligibility; the Community Spouse’s separate income…

Potential Redetermination When Moving to a New State

2 years ago

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

Transfer Penalties and the Community Spouse

2 years ago

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

Protecting Resources for the Community Spouse

2 years ago

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

MCCA’s Legislative History

2 years ago

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

Opening Comments regarding the Medicaid Community Spouse

2 years ago

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

Practical Considerations when Preparing Medicaid Applications

2 years ago

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

Elder Law and Special Needs Law News Roundup – 10-21-2022

2 years ago

We regularly post links to news articles and other resources related to Elder Law and Special Needs Law. We focus…

Miscellaneous Resource Nuggets – Medicaid and SSI

3 years ago

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