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Page 2 of 5 § 10:71-4.2 Countable resources In (b), substituted "CBOSS" for "CWA" throughout. Amended by R.2002 d.124, effective April 15, 2002. See: 33 N.J.R. 4188(a), 34 N.J.R. 1546(a). Added (a)1. Amended by R.2012 d.025, effective February 6, 2012. See: 43 N.J.R. 804(a), 44 N.J.R. 230(a). In the introductory paragraph of (b), and in (b)1, (b)2 and (b)3, substituted "CWA" for "CBOSS"; in (b)1, deleted a comma following "assessors"; and in (b)3, substituted the second occurrence of "or" for the second occurrence of "of", and deleted a comma following "receivable" and "firms". 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). 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 Public Guardian finally was appointed to oversee the patient's person and property, the resource was quickly spent down. I.L. v. NEW JERSEY DEP'T OF HUMAN SERVS., 389 N.J. Super. 354, 913 A.2d 122, 2006 N.J. Super. LEXIS 347 (2006). Federal Medicaid statute requiring that state's methodology for determining resource eligibility of medically needy person be no more restrictive than for categorically needy person required exclusion of husband's individual retirement account from computation of wife's resources for purposes of determining eligibility. Mistrick v. Division of Medical Assistance and Health Services, 299 N.J.Super. 76, 690 A.2d 651 (A.D.1997). Medicaid recipient who failed to report income the receipt of which would have rendered her ineligible for benefits was properly required to repay the $ 8687 in benefits received during the period of ineligibility because her only defense to the claim was that she was "in a rush" when she reviewed the application and thus missed the section requiring income to be reported. T.S. v. Mercer Cnty. Bd. of Social Servs., OAL DKT. NO. HMA 07970-17, 2017 N.J. AGEN LEXIS 893, Initial Decision (December 18, 2017). Medicaid applicant won retroactive eligibility date because the social services agency responsible for acting on his application failed to timely move the case through the approval process, failed to give the applicant required notifications, failed to assist the applicant and failed to independently verify the value of resources. The overall