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Family Law: divorce proceedings, conclusion of marriage (USA)
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Question

My Husband became eligible for Medicaid. I have signed a spousal refusal in connection with his application for Medicaid. At the time he qualified for Medicaid I had assets in excess of $500,000 and no income. My monthly income is now $5000. Can the Commissioner of DSS go after me to reimburse me for payments Medicaid maid on my husband's behalf?

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Answer

Yes, because your income exceeds the minimum allowable amounts (a.k.a. - minimum monthly maintenance allowance [MMMA]). Medicaid program is jointly funded by federal and state governments to pay for medical care for those whose income and assets are insufficient to pay for their medical needs. See, 42 U.S.C. § 1396, et. seq.; Social Service Law Article 5 Title 11; and Golf v. New York State Dept. of Social Services, 91 N.Y.2d 656 (1998). Where one spouse requires long-term institutional care, other spouse is permitted to retain minimum level of income and certain amount of assets (a.k.a- community spouse resource allowance [CSRA]). See, Social Service Law §§ 366-c(2)(d)(g)(h); 366-c(2)(d)(h); and 18 NYCRR 360-4.10(4)(8).

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