This week, all eyes are on the Supreme Court as they tackle the issue of gay marriage. While the outcome of the two cases before the court is anybody’s guess, the issues facing gay couples dealing with long-term care costs are real. New Jersey has “civil unions” which profess to provide all state-based civil rights for gay couples. Medicaid is a federal-state partnership, which means that the state may feel they are restrained (pending the outcome of these Supreme Court cases) from providing the rights that opposite-sex couples enjoy in the areas of resources for a community spouse, exempt transfers between spouses and Medicaid liens. But the federal government has already issued guidance on how states can comply with federal requirements while adhering to their state’s rules regarding same-sex marriage or civil unions by using existing undue hardship provisions. If you are a same-sex couple dealing with long-term care issues, we would love to talk to you! Click here to contact us!