Hilliard, OH
Elder law Lawyer at Hilliard, OH
Practice Areas: Elder Law, Estate Planning, Probate
OUTCOME: ODJFS decision reversed
Daughter returned money to her father to shorten restricted period by paying the nursing home directly instead of giving money to her father. ODJFS claimed this was not a return of assets.
OUTCOME: The Court ruled that a spouse of a Medicaid recipient can turn a portion of their assets into income without creating a penalty.
In May 2008, the client was admitted to a nursing home, while his wife remained in the community. In July 2008, Betty purchased an annuity for $14,562.55 to produce a monthly income for her benefit. In ... August 2008, husband applied for Medicaid benefits and was found eligible. However, the County imposed a two and a half month penalty, claiming wife’s annuity purchase constituted an improper transfer of resources made for the purpose of qualifying for Medicaid. Husband appealed the ruling. The Hamilton County Court of Common Pleas ruled in husband’s favor. The Court held that it was a violation of Federal law for a properly-structured annuity purchase to be treated as an improper transfer. The Department of Job and Family Services appealed the Court of Common Pleas decision to the Ohio First District Court of Appeals. The Court of Appeals reaffirmed the trial court’s finding.