Public Benefits

Cash, Bank Accounts and Non-retirement Investments and MedicaidCash, Bank Accounts and Non-retirement Investments and Medicaid

Cash, Bank Accounts and Non-retirement Investments and Medicaid

Cash and Accounts Monetary resources can typically be liquidated within 20 days. These include cash, savings accounts, checking accounts, money…

2 years ago
Government Bonds and MedicaidGovernment Bonds and Medicaid

Government Bonds and Medicaid

Government Bonds are debt instruments issued by a government entity. The most common form of government bond owned by a…

2 years ago
Vehicles and MedicaidVehicles and Medicaid

Vehicles and Medicaid

General Rule One vehicle of any value is exempt. If the applicant has more than one vehicle, then the most…

2 years ago
POMS Provisions Regarding Property RightsPOMS Provisions Regarding Property Rights

POMS Provisions Regarding Property Rights

POMS SI 01120.010 provides that an individual must have some form of ownership interest in property in order for the…

2 years ago
Property RightsProperty Rights

Property Rights

Assets are things you own that have value. Assets include all income and all resources. 42 U.S.C. § 1396p(h)(1).  They…

2 years ago
Divorce and the Community SpouseDivorce and the Community Spouse

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…

3 years ago
Seeking Adjustments to the CSRA or MMMNASeeking Adjustments to the CSRA or MMMNA

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…

3 years ago
Post-Eligibility Treatment of the Institutional Spouse’s IncomePost-Eligibility Treatment of the Institutional Spouse’s Income

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”),…

3 years ago
Protecting Income for the Community SpouseProtecting Income for the Community Spouse

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…

3 years ago
Potential Redetermination When Moving to a New StatePotential Redetermination When Moving to a New State

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…

3 years ago