Case Law Library

This case analyzes whether property transfers made by Medicaid recipients to their grandchildren can be set aside under Idaho estate recovery statutes due to lack of adequate consideration.

This case analyzes whether a house can be considered a "home" for Medicaid eligibility purposes based on the applicant's subjective intent to return, despite not having lived there for several years prior to applying for benefits.

This decision analyzes whether a Medicaid applicant can refuse to provide additional information requested by the agency about a promissory note used in determining eligibility for benefits.

This decision analyzes whether real property held in an irrevocable trust can be included in a deceased individual's estate for Medicaid recovery purposes.

This decision analyzes the threshold that the “refusing to cooperate” element must meet in order for financial non-disclosure to be acceptable for a denial of benefits in a spousal refusal case.

This appeal presents several issues concerning qualification for Medicaid benefits for an institutionalized spouse and a community spouse. The main question to be addressed in this appeal is whether the Medicaid Act authorizes the limitation of the resources a couple may invest in an annuity to the amount of assets which may be retained for use by the community spouse. An additional question for consideration in this case is whether a commercial irrevocable and non-assignable annuity, the type of annuity involved in this appeal, may be sold on the secondary market rendering it an available asset that in some instances would render the applicant ineligible for benefits.

At issue is whether the hearing officer erred as a matter of law when finding the annuity was a countable resource and that Transmittal No. 64 was inapplicable to the annuity in question.

At issue is whether an IRA in the name the community spouse can be included as a countable resource for purposes of determining the institutionalized spouse's Medicaid eligibility.

In contemplation in this case is whether the Irrevocable Trust is an excluded resource or not. The dispositive issue on appeal in this case is whether there are any circumstances under which the trust's principal could be returned to the Appellant or used for her benefit.

In this case the court was asked to determine whether an annuity purchased by the community spouse for their sole benefit with funds in excess of the Community Spouse Resource Allowance after Appellee's institutionalization, but before his Medicaid eligibility determination constituted an improper transfer for purposes of qualifying for Medicaid.