In those cases where a community spouse (Mary Smith) purchases a Medicaid Compliant Annuity ("MCA”) with the couple’s spend-down amount, what happens if the community spouse predeceases the institutionalized spouse? Assuming the state Medicaid program is the primary beneficiary to the extent that medical assistance benefits were provided to the institutionalized spouse (Robert Smith), is the state’s Medicaid claim frozen at the point of Mary’s death? Or, in the alternative, doe ...
I just reviewed a Nebraska fair hearing decision, involving a community spouse ("CS") and her purchase of two post DRA Medicaid Compliant Annuities with the couple’s entire spend-down amount. The fair hearing decision is dated December 30, 2008.
The Nebraska case had facts that were very similar to the facts found in the Weatherbee case, which was decided in the United States District Court of Pennsylvania - Western District, on January 22, 2009. In the Weatherbee ...
