Medicaid Annuity Report
June 2009
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June 2009
New Jersey Annuity Opinion Sinks in Medicaid’s Bog: An Analysis of N.M.
By: Matthew J. Parker, CELA* and Jeffrey A. Marshall, CELA*
[This article originally appeared in the May 2009 edition of The ElderLaw Report, page 3]
More than a decade ago, Connecticut ’s high court described Medicaid laws as equivalent to the "Serbonian bog" referenced in John Milton's Paradise Lost. See Ross v. Giardi, 680 A.2nd 113 ( Conn. 1996). It appears that the bog has claimed another victim. A New Jersey state appellate court has concluded that payments from a DRA-complaint annuity owned by a community spouse are a countable resource.
In the case, N.M. v. Division of Medical Assistance and Health Services, et al., N.J. Sup. Ct., App. Div., Feb. 26, 2009), the community spouse purchased a DRA-compliant annuity that reduced the couple’s resources to the eligibility level. Nevertheless, the state Medicaid agency denied N.M.'s application on the ground that the income stream produced by the annuity was an available resource.
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Attorney Marshall can be contacted at webmail@paelderlaw.com or at 1-800-401-4552. More information about Attorney Marshall is available at www.paelderlaw.com/staff.html
PCM helps attorneys obtain the right annuity products to meet their client's long term care planning needs. Unlike other annuity providers, PCM specializes in serving only Pennsylvania attorneys and their clients. For over ten years PCM has been the Pennsylvania lawyer's trusted resource for Medicaid annuities. It is the premier source for fast, efficient, competent, trustworthy, Pennsylvania-specific Medicaid annuity services.
For more detailed information on how to use DRA annuities to benefit your clients, Pennsylvania attorneys may consult the PCM website, www.paannuity.com or contact PCM at 570-326-1890 or webmail@paannuity.com.
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570-326-1890
www.paannuity.com
webmail@paannuity.com
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