Cleary Ex Rel. Cleary v. Waldman

OPINION OF THE COURT

ROTH, Circuit Judge.

In this appeal we must decide if New Jersey’s implementation of a portion of the Medicare Catastrophic Coverage Act (“MCCA” or the “Act”) violates Federal law. Specifically, we must determine whether New Jersey may employ an “income-first” approach, rather than a “resource-first” approach, when determining Medicaid eligibility for a spouse who is institutionalized in a long-term care facility.

I. FACTS

Thomas and Carolyne Cleary, representing themselves and a class of persons similarly situated, sued the New Jersey Department of Health Services to enjoin…