A  community spouse is entitled to the community spouse monthly income allowance (CSMIA) even if she does a spousal refusal to contribute resources.   However, since mid-2012, the NYC HRA Medicaid program has violated this longstanding state rule and has denied the community spouse this income allowance if she executed a spousal refusal. 

In December 2013, the Elder Law Section of the NYS Bar Association asked HRA to cease this unlawful practice of denying this impoverishment allowance.  For copy of letter please click here. 

On Dec. 24, 2013, HRA issued 2013 MAP-INF 04 which correctly states that the community spouse is entitled to the CSMIA even if she does a spousal refusal, if she provides complete information regarding income and resources.  For links to these documents and to the letters from the NYSBA and HRA, click here.  

HRA has retrained all relevant staff, including Fair Hearing representatives, and is rebudgeting 600  cases approved or renewed since October 2012.   HRA's counsel asks anyone who needs rebudgeting to request a Fair Hearing conference by calling 718-637-2426.   If your case is not resolved after contacting this unit, please contact Valerie Bogart at vbogart@nylag.org, Co-Chair of the Medicaid Committee of the NYSBA Elder Law Section.

For more info please click here.