Medicaid

State May Recoup Medicaid Benefits Incorrectly Paid

In PR v. Division of Medical Assistance and Health Services (NJ. App. Div. 6/8/2023), the State was authorized to recover…

1 year ago

Administrative decisions and collateral estoppel

The collateral estoppel (issue preclusion) rule is part of the finality doctrine along with Res Judicata (claim preclusion). It general…

1 year ago

Burial Resources and Life Insurance

The SSI rules are a good beginning point because Medicaid cannot impose rules more restrictive than the SSI rules. SSI…

1 year ago

Marriage, Living in Sin and Common Law Marriage

Obviously, if you follow the law, get a license and have the event officiated, you're married. See O.C.G.A. § 19-3-1…

1 year ago

Elder Law Mishmash June 2023

The following is a mishmash of information on various Elder Law, Special Needs Law, and Estate Planning issues. It also…

1 year ago

Court Cannot Substitute its Judgment for SNT Trustee’s Judgment as long as the Trustee Act Within Proper Limits

In McGee v. State Dep't of Health Care Servs., 2023 Ca. App. LEXIS 409 (Cal. Ct. App., 3d Dist. 5/24/2023),…

1 year ago

Standing in Medicaid and Other Cases

"In general, in order to maintain an action, a party “must establish standing to sue on the ground asserted, which…

1 year ago

No Right to Fair Hearing Unless You Complain About Something

In L.U. v. Division of Medical Assistance (N.J. Superior Court Docket A-2937-20, May 23, 2023), the Superior Court affirmed denial…

1 year ago

Transfer to Trust Subject to Medicaid Transfer Penalty

In Henderson v. Dept. of Health and Human Services (May 18, 2023), a Medicaid applicant transferred significant resources, including the…

1 year ago

Selected Georgia Medicaid Decisions

The following Georgia Medicaid cases were litigated outside the context of an administrative hearing, or were appealed beyond that point.…

1 year ago