Adjustment to Nursing Home Medicaid resource allowance does not require showing of undue hardship

Topic: Medicaid Eligibility, Decided by: Judge Schroer 
Docket Number: 0000000 , Decision Date: December 14, 2022 
Attachment: Click here to download the decision. 

This matter involved the denial of a Medicaid application on the grounds that the applicant—who lives in a nursing facility—and her spouse had combined assets that exceeded the “community spouse resource allowance” for Nursing Home Medicaid.  The Court concluded that the applicant could request an upward revision of the resource allowance in order to generate income for the spouse up to what is known as the “minimum monthly maintenance needs allowance.”  However, the Court rejected the agency’s argument that the applicant had to show documentation of undue hardship or financial duress before making such an adjustment.


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