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Annuity didn’t render patient ineligible for Medicaid (access required)

Published: October 4, 2012

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A non-assignable annuity contract that provided income to the spouse of a nursing home patient did not count as an excess resource that needed to be spent down for the patient’s Medicaid eligibility, the 2nd Circuit has ruled in affirming judgment.

Wife may be eligible for Medicaid despite annuity (access required)

Published: July 12, 2012

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A married couple’s purchase of an annuity for the husband did not necessarily render the wife ineligible for Medicaid, the 10th Circuit has ruled in reversing judgment.

State can recover Medicaid costs from annuity (access required)

Published: February 1, 2012

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Federal law permits a state to recover against a community spouse’s annuity for an institutionalized spouse’s Medicaid costs, the 9th Circuit has ruled in affirming judgment.

‘Lifetime care’ contract results in Medicaid ineligibility (access required)

Published: May 31, 2011

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An elderly woman was rendered ineligible for Medicaid nursing home benefits because her available financial resources included the value of a “lifetime care” contract with relatives, the Indiana Court of Appeals has ruled in affirming judgment.

Wife can’t show ‘impoverishment’ under Medicaid (access required)

By: Pat Murphy
Published: February 21, 2011

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The wife of an institutionalized spouse could not obtain relief under Medicaid guidelines simply by showing that her monthly income allowance was insufficient to maintain her previous standard of living, New York’s highest court has ruled in reversing judgment.

Medicaid applicant subject to divestment penalty (access required)

By: Pat Murphy
Published: September 13, 2010

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A Medicaid applicant is subject to a divestment penalty because of the nature of her investment in a family held limited liability company, the Michigan Court of Appeals has ruled in reversing judgment.

Annuities don’t disqualify Medicaid applicants (access required)

By: Pat Murphy
Published: September 13, 2010

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Medicaid applicants weren’t necessarily disqualified from receiving benefits on the basis that their annuities were valued at less than what they cost, the Massachusetts Appeals Court has ruled in reversing judgment.

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