Legal Opinion
Morris v. Oklahoma Department of Human Services
Court of Appeals for the Tenth Circuit
Decided July 9, 2012No. 10-6241PublishedCited by 18 opinions
1Opinion of the Court
LUCERO, Circuit Judge.
The Medicare Catastrophic Coverage Act of 1988 (“MCCA”) allows the spouse of an applicant for long-term care benefits to keep a certain amount of resources without affecting the applicant’s eligibility. See 42 U.S.C. § 1396r-5(c)(2) & (f)(2). This Community Spouse Resource Allowance (“CSRA”) permits an “institutionalized spouse” to obtain Medicaid assistance for nursing home or similar care without leaving his or her spouse, deemed by Medicaid the “community spouse,” completely destitute. See § 1396r-5(h). A separate provision states that an annuity is not treated as an…
2Cases cited18 opinions
- Lorillard v. PonsSupreme Court of the United States · 1978
- Florida Department of Revenue v. Piccadilly Cafeterias, Inc.Supreme Court of the United States · 2008
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- Fisher v. Oklahoma Health Care AuthorityCourt of Appeals for the Tenth Circuit · 2003
- Brown Ex Rel. Brown v. DayCourt of Appeals for the Tenth Circuit · 2009
13 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Carole Hughes v. John McCarthyCourt of Appeals for the Sixth Circuit · 2013
- Lopes v. Department of Social ServicesCourt of Appeals for the Second Circuit · 2012
- Zahner Ex Rel. Zahner v. Secretary Pennsylvania Department of Human ServicesCourt of Appeals for the Third Circuit · 2015
- Cook v. RobertsonCourt of Appeals of Georgia · 2013
- Valliere v. Comm'r of Soc. Servs.Supreme Court of Connecticut · 2018
13 more not listed; retrieve them via the Exa API.