McCarthy v. Hughes

(1) Whether the Community Spouse Resource Allowance (CSRA) Transfer Cap"s rule permitting transfers only up to the CSRA begins to apply on the date that the institutionalized spouse enters a nursing home (the date of institutionalization), or gets triggered only later on the date that the state finds the institutionalized spouse Medicaid-eligible (the date of eligibility), thereby permitting unlimited spousal transfers between those two dates under the Spousal Exemption established in 42 U.S.C. § 1396p(c)(2)(B); and (2) whether the Spousal Exemption exempts an annuity purchased for the community spouse from the Annuity Rule"s (see 42 U.S.C. § 1396p(c)(1)(F)) requirement that the State be listed as a primary remainder beneficiary for the annuity purchase not to be deemed an improper transfer.