Federal Medicaid law permits states to deem the income and resources of the well spouse as available to the sick spouse. The extent of this deeming depends on whether the sick spouse is at home or institutionalized. States also vary in how they apply these deeming rules. In NY the deeming rules do not apply, however Medicaid is allowed to sue the well spouse for a contribution. When there is a community spouse and an institutionalized spouse, there are federal guidelines as to both income and resources and how they are considered.
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This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified medicaid lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact a local medicaid attorney to discuss your specific legal situation.