MDV/166911
Jul 21, 2015OUTCOME: Medicaid benefits reinstated
The Department of Health Services claimed petitioner, who was a recipient of Medicaid services, divested herself of $32,457.90. The divestment was caused when her husband died, and she did not elect to ... exercise her right to her spousal share, and the assets went to the children instead of her. As a result, petitioner was denied Medicaid services. I appealed, noting a previously executed marital property agreement prevented the sick spouse who was receiving Medicaid benefits from being able to claim a spousal share. The administrative law judge agreed with me, and the sick spouse was able to keep her Medicaid benefits.
