Sunday, November 15, 2009

Important 3rd Circuit Decision on Annuities

In Weatherbee v. Richman, the 3rd US Circuit Court of Appeals ruled that a Medicaid Qualified Annuity is not as resource to be counted against an applicant for Medicaid. An earlier case, James v. Richman, held that a Medicaid Qualified Annnuity was not a resourse, but those facts were prior to the DRA of 2005.  This will help community spouses maintain a higher standard of living after a spouse enters a nursing home.  The full case can be found at http://www.ca3.uscourts.gov/opinarch/091399np.pdf.

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