- New Jersey and Federal Law requires that spouses of Medicaid applicants provide five (5) years of information to obtain Medicaid eligibility.
- Not all spouses are willing to cooperate, thereby placing Medicaid application at risk.
- A recent New Jersey Appellate Court decision clearly states that a refusal to assist is a basis for approving a Medicaid application.
In our practice we are often confronted by a spouse’s refusal or inability to provide necessary to obtain Medicaid eligibility for their institutionalized spouse. Whether it is marital disharmony or interference by stepchildren, the family of the Medicaid applicant is frustrated in their efforts to provide the County Board of Social Services with the bank records and other financial information that is demanded in order to prove eligibility.
The family members are unclear as to what should be done. A recent New Jersey Appellate Court provided clear guidance on exactly what is necessary in order to support a Medicaid application when there is a refusal by a community spouse to provide financial information. This case is from the Appellate Division of the New Jersey Superior Court and even though unpublished provides some excellent language to assist families in taking the necessary steps to prove that they took reasonable efforts to obtain financial information.
Federal Law says that if a spouse is uncooperative and will not assist in the Medicaid application, this refusal results in undue hardship which must be recognized by a County Board of Social Services and Medicaid eligibility granted to the institutionalized spouse.
To discuss your NJ Medicaid matter, please contact Fredrick P. Niemann, Esq. toll-free at (855) 376-5291 or email him at fniemann@hnlawfirm.com. Please ask us about our video conferencing consultations if you are unable to come to our office.
By Fredrick P. Niemann, Esq., of Hanlon Niemann & Wright, a Freehold Township, Monmouth County NJ Medicaid Attorney