Thursday, October 31, 2013

Sixth Circuit Upholds Community Spouse Annuity in Medicaid Eligibility Appeal

In Hughes v. McCarthy, decided October 25, 2013, the Sixth Circuit reversed a distict court judgment and approved the right of an Ohio Medicaid applicant to receive coverage for her nursing home care, without penalties tied to her husband's purchase of a single premium annuity.  The husband's actuarily sound annuity named himself as the primary beneficiary, using $175,000 from his IRA account. 

For more on the case including details about the couple's history of spenddown and the type of annuity, see ElderLawGuy Jeff Marshall's recent blog post.

By the way, in reaching its decision, the Sixth Circuit appellate court cites analysis from National Senior Citizens Law Center's Eric Carlson, pointing to his chapter in Matthew Bender's Long-Term Care Advocacy treatise. 

Correct me if I'm wrong, but I think there are now appellate decisions from five circuits approving Medicaid eligibility based on specific facts involving spousal annuities: the 2d Circuit (Lopes case), 3rd Circuit (James case), 6th Circuit (Hughes case), 8th Circuit (Geston case), and 10th Circuit  (Morris case). Am I missing any key appellate cases in this fast moving arena?

For links to several of these cases, see my September post on the Geston case.

http://lawprofessors.typepad.com/elder_law/2013/10/sixth-circuit-upholds-community-spouse-annuity-in-medicaid-elibility-appeal.html

Estates and Trusts, Health Care/Long Term Care, Medicaid | Permalink

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