Spousal Refusal Update

** Legal Alert **

SPOUSAL REFUSAL UPDATE

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The Department of Social Services, the agency which processes Medicaid applications, has contracted with a collection agency to send demand letters to community spouses who signed a spousal refusal in connection with their spouse's Medicaid application.

The Law:

The right to spousal refusal is codified under federal law. The purpose is to protect the spouse in the community from becoming impoverished due to their spouse's need for long term care in a nursing facility. However, the law does give the government agency the right to seek contribution from a refusing spouse for the cost of care expended by the Medicaid program on the spouse in the nursing facility.

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 plan and protect.

What you should NOT do:

Do NOT respond to any demand letters without speaking to your attorney first. Contact our firm immediately if you get a spousal contribution demand letter.

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

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Cona Elder Law is recognized as a leading elder law and estate planning firm on Long Island.  The firm provides creative advocacy and cutting edge planning strategies and has been featured in many publications including: The New York Times, The Wall Street Journal, Newsday, L.I. Business News, Kiplinger's, Reader's Digest and many others.   Cona Elder Law attorneys are frequent contributors to Newsday's Act II "Ask the Expert" column and have appeared as guests on WNBC-TV, CNN-fn, News 12, News 55, Channel 21 "Act II With Newsday" and many radio stations including WOR, WCBS AM and WFAN.

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