Page 111

Page 4 of 18 § 10:71-4.1 Financial eligibility standards; resources Amended by R.2002 d.124, effective April 15, 2002. See: 33 N.J.R. 4188(a), 34 N.J.R. 1546(a). Added (f). Amended by R.2012 d.025, effective February 6, 2012. See: 43 N.J.R. 804(a), 44 N.J.R. 230(a). In (b), substituted "him or her" for "him/her" and "his or her" for "his/her"; in (c)1, deleted a comma following "authority", and substituted a semi-colon for a colon at the end; in (c)3i(2) and (c)3i(3), substituted "CWA" for "CBOSS"; added (d)1v; in (d)2, inserted a comma following the second occurrence of "individual", and substituted "CWA" for "CBOSS"; rewrote (c)3; and in (e)2i, substituted "CWA" for "CBOSS". Annotations Notes Chapter Notes Case Notes Denial of a judgment discharging a priority lien for reimbursement of Medicaid benefits against a decedent's estate was affirmed because despite having never exercising the elective share against the augmented estate of his wife during his lifetime, it was available to him and he was not excepted from N.J.S.A. 3B:8-1 since he was never divorced and the physical separation by residing in a nursing home was not by itself enough to prevent him from claiming an elective share. In re Estate of Brown, 2017 N.J. Super. LEXIS 8 (2017). Final agency decision properly affirmed the imposition of a transfer penalty upon a claimant's application for Medicaid benefits to pay for the cost of her nursing home care because a life care contract between herself and her daughter made as a lump sum advance payment to the daughter was not a transfer for fair market value. E.S. v. Division of Med. Assistance & Health Servs., 412 N.J. Super. 340, 990 A.2d 701, 2010 N.J. Super. LEXIS 47 (2010). Standards for awarding spousal support under N.J.S.A. 2A:34-24 continute to apply after the obligor-spouse has been determined to be eligible for Medicaid, even if application of those standands results in a higher award to the obligee spouse than that permitted by state Medicaid regulations. M.E.F. v. A.B.F., 393 N.J. Super. 543, 925 A.2d 12, 2007 N.J. Super. LEXIS 177 (2007). Decision of the Director of Division of Medical Assistance and Health Services (DMAHS), which upheld the imposition of a Medicaid transfer penalty based on an unequal equitable distribution to a non-institutionalized spouse of a Medicaid applicant in a bed and board divorce action, was reversed. There existed no regulation that authorized such a decision and the DMAHS's in-house rule imposing such a penalty for a transfer of assets as equitable distribution of more than 50 percent to the non-institutionalized spouse was contrary to both New Jersey public policy and the law of equitable distribution. W.T. v. DIVISION OF MED. ASSISTANCE & HEALTH SERVS., 391 N.J. Super. 25, 916 A.2d 1066, 2007 N.J. Super. LEXIS 59 (2007). Nursing home patient was eligible for Medicaid Only benefits because the patient's medical condition rendered those assets not accessible under N.J.A.C. 10:71-4.4(b)6, thereby the cash value of certain life insurance policies were excluded from the patient's countable resources. Since the patient was incapacitated due to dementia and Alzheimer's, the patient did not have access to the cash value of the life insurance policies and, ultimately, when a