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N.M. v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES

No. A-0828-07T1

964 A.2d 822 (2009)

405 N.J. Super. 353

N.M., Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and Monmouth County Board of Social Services, Respondents.

Superior Court of New Jersey, Appellate Division.

Decided February 26, 2009.

Attorney(s) appearing for the Case

Peluso, Castelluci & Weintraub, P.C., Shrewsbury, attorneys for appellant (Michael E. Weintraub, on the briefs).

Anne Milgram, Attorney General, attorney for respondent Division of Medical Assistance and Health Services (Melissa H. Raksa, Assistant Attorney General, of counsel; Dianna Rosenheim, Deputy Attorney General, on the brief).

Respondent Monmouth County Board of Social Services has not filed a brief.

Before Judges SKILLMAN, GRAVES and GRALL.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

When one member of a married couple enters a nursing home (commonly called the "institutionalized spouse"), the applicable federal Medicaid statutes and regulations require the assets of both that spouse and the spouse who continues to live at home (commonly called the "community spouse") to be taken into account in determining whether the institutionalized spouse's "countable resources" exceed the...

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