IN THE MATTER OF MARILYN GOMPRECHT, RESPONDENT v. GUSTAV GOMPRECHT,
RESPONDENT V.BARBARA SABOL, COMMISSIONER & C.,APPELLANT.
86 N.Y.2d 47, 652 N.E.2d 936, 629 N.Y.S.2d 190
June 29, 1995
1 No. 166 (1995 NY Int. 164)
Decided June 29, 1995
_________________________________________________________________
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Trudi Mara Schleifer, for Appellant.
Peter J. Strauss, for Respondent. petitioner.
New York City Chapter of the Alzheimer's Disease and Related Disorders
Association, Inc., amicus curiae.
SMITH, J.:
At the time of her petition for support from her husband, brought
pursuant to Family Court Act § 412, petitioner's husband was
institutionalized and receiving Medicaid. The issue here is whether in
an action for spousal support by a community spou se against an
institutionalized spouse, the Family Court is free to apply the prior
standard of living or lifestyle standard rather than the minimum
monthly needs allowance standard under Social Services Law § 366-c. We
conclude that the appropriate standard is the minimum monthly needs
allowance and, accordingly, reverse the order of the Appellate
Division.
Medicaid is a joint Federal and State program which provides medical
assistance to those without sufficient resources to meet the costs of
medical care. As we noted in Matter of Schachner v Perales (85 NY2d
316, 319-3 20), once a person has entered a nursing home, the greater
portion of his or her income is applied to his care. Because of this
requirement, many spouses still living in the community became
impoverished. Congress sought to ameliorate this result by pass ing
the Medicare Catastrophic Coverage Act (MCCA) (42 USC § 1396r-5, as
amended by Pub L 100-360, 102 US Stat 753). It permitted a State to
establish a minimum monthly needs allowance for the community spouse,
to be provided, if necessary, from the income received by the
institutionalized spouse.
Consistent with the requirements of the MCCA, the Social Services Law
provides an allowance for the noninstitutionalized or community
SNIPPETS:
RESPONDENT V.BARBARA SABOL, COMMISSIONER & C.,APPELLANT.
At the time of her petition for support from her husband, brought pursuant to Family Court
The issue here is whether in an action for spousal support by a community spou se against an
Medicaid is a joint Federal and State program which provides medical assistance to those
As we noted in Matter of Schachner v Perales, once a person has entered a nursing home, the
Congress sought to ameliorate this result by pass ing the Medicare Catastrophic Coverage Act
It permitted a State to establish a minimum monthly needs allowance for the community spouse,
Consistent with the requirements of the MCCA, the Social Services Law provides an allowance
This allowance, referred to as the community spouse monthly income allowance, is paid by the
the institutionalized spouse's income available to help pay for his/her medical care is
In October 1992, Petitioner Marilyn Gomprecht filed a petition in the Family Court seeking an
A hearing was held on petitioner's October 1992 petition filed in Family Court, at which a
This standard is consistent with the MCCA.
Although the statute provides an option to individuals seeking an increase in monthly
Accordingly, the order of the Appellate Division should be reversed, without costs, and the
|
