Case Law Library

In this case, the court needed to decide if income from an annuity can be counted towards the institutionalized spouse's income (Petitioner) or can it can be excluded since the payment is in the Petitioner's wife's name alone?

Zahner, Claypoole, Sanner v. Penn Dept. of Human Services validated the use of short-term MCAs in Medicaid planning. There is no limitation on how short an MCA needs to be in order to be considered "actuarially sound."

Adherence to proper procedure is essential for elder law practitioners who assist clients with Medicaid applications and benefit denials. In this article, we provide historical context to these procedures by revisiting the United States Supreme Court Case, Goldberg v. Kelly, 90 S. Ct. 1011 (1970), in which the Supreme Court was asked to answer the question: does the state's termination of a recipient's benefits without a hearing violate the 14th amendment due process clause?