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Events Calendar-Satellite
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| 5 | 6 | 7 | 8 | 9 | 10 | 11 |
| 12 | 13 | 14 | 15 | 16 | 17 | 18 |
| 19 | 20 | 21 | 22 | 23 | 24 | 25 |
| 26 | 27 | 28 | 29 | 1 | 2 | 3 |
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Court Decisions
A recent court case, Hutcherson v. Arizona Health Care Cost Containment System Administration ("AHCCCS"), brought a ruling down regarding the State's recovery rights as a beneficiary of a Medicaid Compliant Annuity. Within the decision:
"We hold that the 2006 amendment to 42 U.S.C. § 1396p(c)(1)(F)(i) creates a right in the State to recover as a remainder beneficiary against a community spouse's annuity for an institutionalized spouse's medical costs. We further hold that the St ...
The Ohio First District Court of Appeals has jumped on the bandwagon of improperly imposing a penalty period on a Medicaid applicant whose spouse purchased an annuity.
In the most recent case, Rorick v. Ohio Department of Job and Family Services, Mr. Rorick was admitted to a nursing home on May 29th, 2008, while Mrs. Rorick continued to reside in the community. At the time of institutionalization, the couple had combined resources of $74,224.61. On July 21st, 2008, Mrs. Rorick pur ...
I recently reviewed a Missouri Circuit Court of Appeals decision involving four community spouse and their purchases of post-Deficit Reduction Act of 2005 Medicaid Compliant Annuities as a means of spending down for Missouri's Medicaid program, MO HealthNet. The decision in the matter of J.P. et al v. Missouri State Family Support Division is dated April 20th, 2010.
The Missouri case revolved around Missouri legislature that was adopted in July 2007. Prior to the 2007 amendme ...
In the recent case of In The Matter of Leon Schneider (N.Y. App. Div., 2 Dept., 2010 NY Slip Op 00971, Feb. 9, 2010), a New York appeals court ruled that the estate of Mr. Schneider must repay the state for the amount of Medicaid benefits provided on behalf of his wife, but only up to the amount of countable resources that he possessed above his community spouse resource allowance ("CSRA"), and by the amount that his monthly income exceeded his monthly maintenance needs allowance ("MMNA"). ...
In January of 2009, I worked with a Wisconsin elder law attorney who had a Medicaid case involving a husband and wife. In order to eliminate the spend-down amount, Ithe community spouse purchased a Medicaid Compliant Annuity from Employees Life Company (Mutual).
With the spend-down amount eliminated, a Medicaid application was submitted. The application was supplemented with three refusal letters, from companies that stated that they could not purchase the Medicaid Comp ...
In May of 2008 I worked with a Pennsylvania elder law attorney who had a Medicaid case involving a husband and wife, Mr. and Mrs. M. The institutionalized spouse, Mrs. M, entered a nursing home in March of 2008, and was expected to remain there indefinitely. After a resource assessment, Mr. M wanted to qualify his wife for Pennsylvania Medicaid benefits.
In order to eliminate the spend-down amount, pursuant to my suggestion, Mr. M purchased a Medicaid Compliant Annuity from Employ ...
A Massachusetts trial court ruled that a community spouse's transfer of a partial interest in a homestead in exchange for an amended promissory note is an allowable transfer that cures the remaining portion of a divestment penalty period.
In the case of Clark v. Dehner (Mass. Supp. Ct., Middlesex, No. 08-02427-H, July 30, 2009), George Clark ("Mr. Clark") is a resident of a Massachusetts long-term care nursing facility, where he has resided since August 1, 2006. Mr. Clark is married ...
In January of 2007 I worked with an Ohio elder law attorney who had a Medicaid case involving a husband and wife, the Vieths. The institutionalized spouse, Mr. Vieth, entered a nursing home in November of 2006, and was expected to remain there indefinitely. After a resource assessment, Mrs. Vieth wanted to qualify her husband for Ohio Medicaid benefits.
In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Vieth purchased two Medicaid Compliant Annuities from ...
In 2006, I worked with a Pennsylvania elder law attorney who had a Medicaid case involving a husband and wife, the Weatherbees. The institutionalized spouse, Mr. Weatherbee, entered a nursing home in September of 2006, and was expected to remain there indefinitely. After a resource assessment, Mrs. Weatherbee wanted to qualify her husband for Pennsylvania Medicaid benefits.
In order to eliminate the spend-down amount, pursuant to my suggestion, Mrs. Weatherbee purchased a Medicaid C ...
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 ...
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