Legal Alert-Spousal Refusal Update

Spousal Refusal Update:

The Human Resources Administration, the agency which processes Medicaid applications in New York City and the boroughs, is currently sending inquiry letters to community spouses who signed a spousal refusal in connection with their spouse’s Medicaid application. These letters request information regarding resources and income.

What you need to know:

The Law:

The right to spousal refusal is codified under federal law.  The purpose is to protect the spouse in the community (the spouse not receiving Medicaid) from becoming impoverished due to their spouse’s need for long term care.  However, the law gives the government agency the right to seek contribution from a refusing spouse for the cost of care expended by the Medicaid program.

What you should do:

If you signed a spousal refusal in connection with a Medicaid Application, contact us right away. We will discuss with you your options to make sure you are prepared and protected.

What you should NOT do:

DO NOT respond to any letters without speaking to your Elder Law attorney first. Contact our firm immediately if you get a spousal inquiry or demand letter.

As always, please call our office if you have any questions. Our attorneys are always available to address your questions and concerns.