Spousal Refusal Doesn’t Mean Medicaid Refusal

In Fortmann v. Starkowski, the U.S. District Court for the District of Connecticut granted a preliminary injunction that prevented Connecticut from denying Medicaid benefits to an applicant who tried to invoke the spousal refusal doctrine to disregard his spouse’s assets. A Connecticut General Statute says that spousal refusal can be claimed “only if the community spouse cannot be located or the spouse cannot provide the required information about his/her assets.”

Mr. Fortmann argued that his application should be approved even if his spouse could be located as long as he assigned his support rights to the state. The District Court held that the state could not decline Mr. Fortmann’s eligibility according to the resources of his wife.

U.S. Court Rules Connecticut Likely Cannot Refuse Spousal Refusal Doctrine, ElderLawAnswers, Oct. 3, 2011.