Betty L. McCollom v. Graham N. McCollom

This appeal arises from the filing of a Petition in the Chancery Court requesting relief pursuant to the Medicare Catastrophic Coverage Act, 42 U.S.C. § 1396r-5, to increase the community spouse’s Minimum Monthly Maintenance Needs Allowance and Community Spouse Resource Allowance.The trial court made the finding that the community spouse had not demonstrated “exceptional circumstances resulting in significant financial duress;” nevertheless, the court granted the community spouse the requested relief and awarded her the entirety of her husband’s income and the couple’s assets. The Tennessee Department of Human Services appealed contending the community spouse must demonstrate “exceptional circumstances resulting in significant financial duress” as a condition precedent to being entitled to the relief. We agree. Finding that the trial court applied an incorrect legal standard in granting the relief, we reverse.