Carol Crisel v. Thomas Crisel

This appeal involves the “spousal impoverishment” provision of the Medicare Catastrophic Coverage Act of 1988 (“MCCA”). Thomas Crisel (“Husband”) was placed in a nursing home for health-related problems. Subsequently, Carol Crisel (“Wife”) filed a complaint against Husband in which she sought spousal support in the form of a transfer of the family residence and all of his income. The trial court granted Wife’s request and filed an order reflecting its decision. Upon receiving notice of the order, the Tennessee Department of Human Services (“TDHS”) filed a motion to intervene and to set aside the order pursuant to Rule 60.02 of the Tennessee Rules of Civil Procedure. The trial court denied the motion. TDHS appeals. We reverse the judgment of the trial court and remand with instruction to the trial court to reconsider Wife’s complaint for spousal support with TDHS participating as an intervening party.