§ 68-923 — Assets; eligibility for assistance; future medical support; considerations; subrogation

If a portion of the aggregate assets is designated in accordance with section 68-924 :
(1) Only the assets not designated for the spouse shall be considered in determining the eligibility of an applicant for medical assistance;
(2) In determining the eligibility of an applicant, the assets designated for the spouse shall not be taken into account and proof of adequate consideration for any assignment or transfer made as a result of the designation of assets shall not be required;
(3) The assets designated for the spouse shall not be considered to be available to an applicant or recipient for future medical support and the spouse shall have no duty of future medical support of the applicant or recipient from such assets;
(4) Recovery may not be made from the assets designated for the spouse for any amount paid for future medical assistance provided to the applicant or recipient; and
(5) Neither the department nor the state shall be subrogated to or assigned any future right of the applicant or recipient to medical support from the assets designated for the spouse.

Legislative History

Source: Laws 1988, LB 419, § 3; Laws 1989, LB 362, § 13; R.S.1943, (2003), § 68-1040; Laws 2006, LB 1248, § 23; Laws 2007, LB296, § 252.