Arkansas Department of Human Services, Appellant v. Gordon Pierce, Appellee — Hoofman, J., Dissenting

Summary

Justice Hoofman dissented from the majority’s reversal and remand, concluding that the community spouse’s 401k and IRA should not be counted when determining the institutionalized spouse’s Medicaid eligibility. The dissent reasoned that the spousal-impoverishment provisions did not specifically eliminate the preexisting SSI exclusion for such retirement funds and that the regulation’s reference to spouses “living with” each other should not be read to require cohabitation on the application date. Justice Hoofman would have affirmed the circuit court’s order; no separate opinions are presented.