Elder Law

Divorce and the Community Spouse

Another “option” that may be considered in appropriate cases is divorce. Deeming between spouses terminates when the marriage terminates. In…

2 years ago

Seeking Adjustments to the CSRA or MMMNA

MCCA includes a mechanism for increasing both the CSRA and the MMMNA in certain cases. The methods by which this…

2 years ago

Post-Eligibility Treatment of the Institutional Spouse’s Income

As eligibility is being determined, if the Community Spouse’s monthly income falls below the Minimum Monthly Maintenance Needs Allowance (“MMMNA”),…

2 years ago

Protecting Income for the Community Spouse

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

2 years ago

Potential Redetermination When Moving to a New State

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

2 years ago

Transfer Penalties and the Community Spouse

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

2 years ago

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