N.M. v. Division of Medical Assistance and Health 
Services and Monmouth County Board of Social Services 02-26-09
A-0828-07T1 
 
 Under an amendment to the statutes governing the federal 
Medicaid program enacted as part of the Deficit Reduction Act of 
2005, the value of an annuity purchased for the sole benefit of 
the "community spouse" may be considered in determining whether 
the resources of the "institutionalized spouse" exceed the 
"resource limit" for Medicaid eligibility.