Fortmann v. Starkowski, No. 3:10cv1562 (JBA), 2011 U.S. Dist. LEXIS 110643 (D. Conn. Sept. 28, 2011)

(plaintiff resides in nursing home and sought preliminary injunction that would require state Medicaid agency to provide plaintiff with Medicaid benefits without taking into consideration community spouse’s resources because the right to those resources had already been assigned to the state; court granted motion; even though community spouse could be located, state anti-assignment statute pre-empted by 42 U.S.C. Sec. 1396(k) which requires states to provide for such assignments so that nursing home resident cannot be denied eligibility due to resources of community spouse). 

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