Annuity Purchased Post-Initial Eligibility Determination Is Not Available Resource

Great news for Medicaid-compliant annuities for married couples!  Way to go 10th Circuit!

Reversing a district court, a U.S. court of appeals holds that an annuity is an unavailable resource even if it is purchased in addition to the community spouse resource allowance, and that there is no transfer penalty for the couple's purchase of the annuity prior to a determination of Medicaid eligibility. Morris v. Oklahoma Dept. of Human Services (10th Cir., No. 10-6241, July 9, 2012).

LINK