institutional MA

DHA Case No. MDV-36/46674 (Wis. Div. Hearings and Appeals Nov. 21, 2000) (DHS) ↓ Download the original decision When a person, or another acting on the person’s behalf, acts to transfer property such as a life estate without receiving fair market value in return, it is a divestment. But what if the transfer happens automatically, […] Read more

DHA Case No. MDV 197185 (Wis. Div. Hearings and Appeals Mar. 2, 2020) (DHS) ↓ Download the original decision The petitioner’s husband bought an annuity with a term beyond his life expectancy, which is usually a divestment. The ALJ agreed with the argument, however, that the annuity was bought without the intent to qualify for […] Read more

DHA Case No. MGE 174654 (Wis. Div. Hearings and Appeals July 27, 2016) (DHS) ↓ Download the original decision In this case, the county required a full five years of financial documentation because “there were a few discrepancies” in the initial documents provided. The applicant complied with more than 600 pages of documentation, plus authorizations […] Read more

DHA Case No. MDV 45/86382 (Wis. Div. Hearings and Appeals Nov. 19, 2007) (DHS) ↓ Download the original decision This decision finds that transferring a remainder interest in the residence to an adult caretaker daughter was not a divestment. The petitioner met the requirements for the exception to divestment in the Medicaid Eligibility Handbook. ALJ […] Read more

DHA Case No. MRA 135337 (Wis. Div. Hearings and Appeals Feb. 10, 2012) (DHS) ↓ Download the original decision This decision establishes that revocable annuities held in a community spouse’s IRA are not countable assets. In a spousal impoverishment case, the community spouse’s retirement accounts are generally not counted. But the Medicaid Eligibility Handbook also says […] Read more