Resource Eligibility

Default Community Spouse Resource Allowance

A Community Spouse is entitled to a resource allowance in addition to the income allowance. 42 U.S. Code § 1396r–5(f)(1)…

2 years ago

Deeming

The SSI regulations describe deeming as the process of considering another person's income or resources to be your own. See…

2 years ago

Resource Eligibility

As a general rule, all countable resources owned by the Institutionalized Spouse are considered available to pay his or her…

2 years ago

Spousal Refusal and Medicaid

One strategy used when planning for Medicaid eligibility is called "spousal refusal." It is authorized under 42 U.S.C. § 1396r-5(c)(3).…

2 years ago

Can I get paid to be a caregiver for a family member?

The answer is, yes, maybe. At USA.gov, there are tips for caregiver support including links to programs that could pay…

2 years ago

Medicaid Planning Scenario: Am I eligible for Medicaid?

Let's assume Betty, a widow, will go to a Georgia nursing home in the near future (using 2022 eligibility rules…

2 years ago

Medicaid Cannot be More Restrictive Than SSI in 1634 States (Non-209(b) States)

Several overriding rules control the creation and application of Medicaid eligibility criteria by the states. These rules are applicable to…

2 years ago

Conservatorship litigation made life insurance policy inaccessible

In a recent case (Dep't of Tenncare 4/20/2022), Appellant's application for nursing home Medicaid was denied due to ownership of…

2 years ago

Irrevocable Trust was not an available resource when determining Medicaid eligibility

In Geyen v. Commissioner of Minnesota Department of Human Services, 964 N.W.2d 639 (2021), Dorothy Geyen's application for Medicaid was…

2 years ago

Medicaid Annuity Cases on Appeal in Massachusetts

In American National Life Insurance Company v. Breslouf (Mass. Super. 6/3/2021), a Community Spouse named Julius Breslouf purchased a Medicaid…

2 years ago