John Lopes was married, dwelling inside a elderly care, and short of funds. Amelia Lopes, John’s spouse dwelling locally, bought a State medicaid programs Compliant Allowance, and very soon after that designed a State medicaid programs application with respect to her husband. The Connecticut Department of Social Services refused the applying after identifying the payment stream Amelia was receiving would be a resource that made John ineligible for State medicaid programs.
The problem advanced towards the U . s . States District Court for that District of Connecticut, underneath the argument the payment stream was earnings that didn’t count against John’s qualifications considering the allowance being non-assignable. The district court granted summary judgment towards the Lopeses, and Connecticut become a huge hit.
The U.S. Court of Appeals for that Second Circuit upheld the district court ruling the earnings stream from the State medicaid programs Compliant Allowance can’t be considered an available resource for that reasons of State medicaid programs qualifications. Lopes v. Dept. of Social Services (second Cir., No. 10-3741-cv, March. 2, 2012). A legal court further ruled it’s irrelevant the State medicaid programs Compliant Allowance was bought just just before John’s State medicaid programs application. Fortunately the U.S. Department of Health insurance and Human Services given their opinion within this situation, re-inifocing the Lopeses position was in line with Medicaid’s primary reason for supplying health care towards the indigent and safeguarding community partners from impoverishment.