Lopes v. Dept. of Social Services, No. 10-3741 (2d Cir. 2012)Annotate this Case
Plaintiff, through his wife and attorney-in-fact, filed an application for Medicaid benefits with the Connecticut Department of Social Services to cover the cost of his nursing home care. At issue was whether a non-assignable annuity contract that provided the spouse of an institutionalized person with monthly payments counted as an excess resource that must be spent down before the institutionalized person could receive Medicaid benefits under the Medicare Catastrophic Coverage Act of 1988 (MCCA), 42 U.S.C. 1396r-5. The court held that the payment stream for non-assignable annuity was not a resource for purposes of determining Medicaid eligibility. Accordingly, the court affirmed the judgment of the district court granting plaintiff's motion for summary judgment.