Medicaid-ineligible spouse must be included to determine income limit for Medicare Savings Programs.

Pursuant to its policy manual, the Division of Family and Children Services determined the income limit for Q-track Medicaid programs according to the federal poverty level for an individual where the applicant had a Medicaid-ineligible spouse.  This policy contradicted the plain language of the Medicaid Act, which required that eligibility be determined based on “the size of the family involved.”