Gale Kimnach, a nursing home resident, applied for Medicaid benefits in January 1993. At the time, the resources of Mr. Kimnach and his wife totaled $152,694; they also receive $663 and $237, respectively, in Social Security benefits each month, along with $368 in investment income. On February 3, 1993, the Franklin County Department of Human Services denied the application for benefits, determining that Mr. Kimnach''s share of the couple''s resources ($81,954) exceeded the maximum resource allowance for Medicaid eligibility ($1,500).
Mr. Kimnach appealed to the Ohio Department of Human Services (ODHS), arguing that his wife''s remaining resources ($76,347) generated insufficient income for her to achieve her minimum monthly maintenance needs allowance of $1,158. Mr. Kimnach contended that he should be allowed to transfer all his resources to her, allowing her to invest it and thus come closer to her MMMNA. If this were done, Mr. Kimnach would meet the $1,500 resource limitation for Medicaid eligibility.
Mr. Kimnach''s administrative appeals were denied by the ODHS, which determined that both state and federal law require that before resources may be transferred from the institutionalized spouse to the community spouse, there must be an attempt to satisfy the MMMNA through the transfer of income. Only if the MMMNA is still not met may resources then be transferred. The ODHS further determined that Mrs. Kimnach''s needs would be met through a transfer of Mr. Kimnach''s income, obviating the need for Mr. Kimnach to transfer any of his resources.
The court agrees with the ODHS, finding that the agency''s decision is "consistent with the federal provisions which require income to be transferred prior to resources to increase the CSRA [community spouse resource allowance] to the MMMNA."
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