NOT FOR PUBLICATION WITHOUT THE

APPROVAL OF THE APPELLATE DIVISION

SUPERIOR COURT OF NEW JERSEY

APPELLATE DIVISION

DOCKET NO. A-0828-07T1

N.M.,

Appellant,

v.

DIVISION OF MEDICAL ASSISTANCE

AND HEALTH SERVICES and MONMOUTH

COUNTY BOARD OF SOCIAL SERVICES,

Respondents.

_____________________________________________________

Submitted December 2, 2008 - Decided

Before Judges Skillman, Graves and Grall.

On appeal from the Department of Human Services, Division of Medical Assistance and Health Services.

Peluso, Castelluci & Weintraub, P.C., attorneys for appellant (Michael E. Weintraub, on the briefs).

Anne Milgram, Attorney General, attorney for respondent Division of Medical Assistance and Health Services (Melissa H. Raksa, Assistant Attorney General, of counsel; Dianna Rosenheim, Deputy Attorney General, on the brief).

Respondent Monmouth County Board of Social Services has not filed a brief.

The opinion of the court was delivered by

SKILLMAN, P.J.A.D.

When one member of a married couple enters a nursing home (commonly called the "institutionalized spouse"), the applicable federal Medicaid statutes and regulations require the assets of both that spouse and the spouse who continues to live at home (commonly called the "community spouse") to be taken into account in determining whether the institutionalized spouse's "countable resources" exceed the maximum allowed for Medicaid eligibility. 42 U.S.C.A.