Medicaid Chapter 4

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
Transfer Penalties and the Community SpouseTransfer Penalties and the Community Spouse

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…

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

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…

3 years ago
MCCA’s Legislative HistoryMCCA’s Legislative History

MCCA’s Legislative History

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

3 years ago
Opening Comments regarding the Medicaid Community SpouseOpening Comments regarding the Medicaid Community Spouse

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…

3 years ago