Tannler v. Wisconsin Department of Health & Social Services

¶1. The issue in this case is whether an institutionalized person's fail*181ure to assert a claim against his or her deceased "community spouse's"1 estate constitutes a divestment under the Medical Assistance (MA) program. We conclude that the failure to make a spousal election is an "action" for purposes of determining MA eligibility under Wis. Stat. § 49.4532 as defined by 42 USC § 1396p(e)(l).3 We therefore hold that the failure of an institutionalized spouse to assert a claim against the estate of his or her deceased spouse constitutes a divestment for purposes of determining MA eligibility.4

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