United States Third Circuit

Community Spouse Annuity Trusts, intended to shield a couple's assets from Medicaid eligibility determinations during the lifetime of the non-institutionalized spouse, are countable resources for Medicaid eligibility purposes. Challenges to New Jersey Medicaid regulations were appropriately dismissed.

Appellate Information

• Argued 04/22/2003
• Decided 02/06/2004
• Published 02/06/2004

Judges

• Before SCIRICA, Chief Judge, AMBRO and WEIS, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Donald M. McHugh, (Argued), McHugh & Macri, East Hanover, National Academy of Elder Law Attorneys, New Jersey Chapter, Eugene Rosner, Clark, for Appellants.


• For Appellees:
  
• David Samson, Attorney General of New Jersey, Michael J. Haas, Assistant Attorney General, M. Elizabeth Doyle (Argued), Deputy Attorney General, Office of Attorney General of New Jersey, R.J. Hughes Justice Complex, Trenton, for Appellees, Commissioner and State Divisions., Edwin C. Eastwood, Jr., Law Offices of Edwin C. Eastwood, Jr., North Bergen, for Appellee, Edward Testa., Daniel W. O'Mullan, O'Mullan & Brady, Whippany, for Appellee, Elizabeth Lehmann.