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Cindy88 Asked June 2022

I have a question about NY Medicaid Spousal Refusal.

My husband is in a nursing home. I hope he can return home but it is questionable at this time. I have applied for Medicaid for him. There is a $1,200 a month spend down. I want to submit the Spousal Refusal form but I am told of the county possibly suing me. Has anyone ever heard of this?

JoAnn29 Jun 2022
I just read was Spousal Refusal means and that though a Federal Medicaid law, the States don't have to support it. Only 2, Fla and NY do.

My question would be, have you seen a lawyer to have your assets split? I am under the impression anything in your name only may not be touched. That goes for ur SS and pension. Some retirement funds are not considered assets. As a community spouse you would get enough of your combined monthly income needed for living expenses.

In this situation, you need a elder lawyer.

KathleenQ Jun 2022
My attorney (NY) said they CAN sue you but it is highly unlikely.

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BarbBrooklyn Jun 2022
You need a consult with certified (Nelf.org) eldercare attorney.

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