Arkansas Department of Human Services, Appellant v. Gordon Pierce, Appellee

Summary

The court held that federal law permits a state Medicaid agency to count a community spouse’s IRA and 401(k) when determining an institutionalized spouse’s eligibility for long-term-care Medicaid. The court concluded that the SSI exclusion for a spouse’s retirement funds does not control because it provides no guidance for spouses living apart due to institutionalization and, in any event, is superseded to the extent inconsistent with the MCCA. Justice Hoffman dissented, reasoning that the retirement accounts should remain excluded under the no-more-restrictive requirement and the MCCA’s anti-impoverishment purpose.