McCarthy v. Hughes

Issue: (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.