02-26-09 N.M. v. Division of Medical Assistance and Health
Services and Monmouth County Board of Social Services
A-0828-07T1
Under an amendment to the statutes governing the federal
Medicaid program enacted as part of the Deficit Reduction Act of
2005, the value of an annuity purchased for the sole benefit of
the "community spouse" may be considered in determining whether
the resources of the "institutionalized spouse" exceed the "resource limit" for Medicaid eligibility.
