Are well spouses legally responsible for Medicaid expenses of a sick spouse?
Federal Medicaid law permits states to “deem” the income and resources of the well spouse as available to the sick spouse. The extent of this “deeming” depends on whether the sick spouse is at home or institutionalized. States also vary in how they apply these deeming rules. In NY and some other states, the deeming rules do not apply, however Medicaid is allowed to sue the well spouse for a contribution. See NY Medicaid Article. When there is a community spouse and an institutionalized spouse, there are federal guidelines as to both income and resources and how they are considered.
Federal Medicaid law permits states to deem the income and resources of the well spouse as available to the sick spouse. The extent of this deeming depends on whether the sick spouse is at home or institutionalized. States also vary in how they apply these deeming rules. In NY the deeming rules do not apply, however Medicaid is allowed to sue the well spouse for a contribution. When there is a community spouse and an institutionalized spouse, there are federal guidelines as to both income and resources and how they are considered.
