Court: trust funds a factor in rejecting Medicaid

HARTFORD, Conn. (AP) — The Connecticut Supreme Court says state officials can reject Medicaid coverage for nursing home patients if their spouses have trust funds, no matter if those funds were never intended to benefit the patients.

The high court ruled Friday that the Department of Social Services was justified in rejecting Medicaid coverage in 2010 for Daniel Bourke of Somers, who died later that year.

Bourke applied for Medicaid in 2009 after spending all his money for nursing home care. But the Social Services Department ruled he wasn’t eligible, because his wife had a $500,000 trust fund.

Lawyers for Bourke’s wife, Mary Palomba-Bourke, argued the fund was established for her and her children’s well-being by her late first husband in 1968, and was never intended to be depleted for Daniel Bourke’s care.

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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