Estate of Atkinson v. Ohio Dep’t of Job & Family Servs.

On April 25, 2011, Marcella Atkinson entered a long-term care facility. On June 16, 2011, Marcella and her husband Raymond submitted a Medicaid application for Marcella’s care. On August 9, 2011, Marcella transferred title to the house to Raymond. On September 28, 2011 the Knox County Department of Job and Family Services approved Marcella for Medicaid. The agency, however, delayed Medicaid benefits for Marcella until April 2012, asserting that the transfer of the home to Raymond was improper because it exceed the community-spouse resource allowance (CSRA) and was for less than fair market value. The Ohio Department of Job and Family Services upheld the determination. The Fifth District Court of Appeals affirmed. The Supreme Court affirmed, holding (1) during the period between an application for Medicaid benefits and the notice of Medicaid approval, Medicaid law allows an institutionalized spouse to transfer a home or equivalent assets to a spouse living in the community to the extent that it does not exceed the CSRA; and (2) in this case, the state may have imposed a penalty on Raymond that was not authorized by law. Remanded. View "Estate of Atkinson v. Ohio Dep’t of Job & Family Servs." on Justia Law