CMS has no obligation to accept an MSP liability allocation without an adjudication on the merits (W.D. Kentucky) In this is Medicare Secondary Payer case, Hadden sought waiver of recovery of a condition payment. After suing to recover for injuries sustained in a collision, Hadden settled for $125,000, in addition to receiving $10,000 in Kentucky […]

Tax Cases

elder law resources - ABLE Accounts - Additional Guidance - Trust Beneficiaries

Transfer of Partnership Interest Was Not Immediate Gift (TC) —————————————— The tax court was faced with whether gifts petitioners made of limited partnership interests to their adult children during 2000, 2001, and 2002 qualified as annual exclusions pursuant to section 2503(b). The court found that they did not. On September 11, 1997, petitioners formed Price […]

Clear and convincing evidence supported establishment of conservatorship (TN App) —————————————— Petitioners petitioned for the appointment of a conservator for the person and estate of their mother. They alleged that she had dementia, Parkinson’s disease, coronary artery disease, and was unable to make decisions about her health or finances. The Trial Court found by clear […]

“Right to Live” appeal dismissed as moot (N.J. Super.) —————————————— Rueben Betancourt underwent surgery to remove a malignant tumor from his thymus gland. Although the surgery went well, during recovery, the ventilation tube supplying him with oxygen was dislodged and he developed anoxic encephalopathy which left him in a persistent vegetative state and with other […]

Probate heir has no property right in conservatorship estate (Ga.) ——————————- Opal Stewart was appointed as her father’s conservator. After her father died, she was also his personal representative. Under Georgia law, a conservatorship terminates upon the death of the ward, but the conservator must still petition for discharge. Where the conservator also serves as […]

Cooperative federalism is not license to re-write clear federal rules (Co. App.) Ruth Koehler sued the Department after it terminated her benefits under its Medicaid Home and Community Based Services for the Elderly, Blind and Disabled (HCBS) program. Ruth, an elderly disabled woman, received HCBS as an alternative to nursing home care. Her husband resided […]

Trustee had discretion to assess defense costs to wayward son (Ga. App.) ———————————— Howard McPherson established an irrevocable trust in 1990. At the time, he had four children, Scott, Lisa, Robin, and Eric. An additional son was born to Howard’s second wife after the trust was established. The trust gave the trustee discretion to provide […]

Hogberg v. State Dep’t of Soc. Servs., 2009 Conn. Super. LEXIS 50 (2009). Lynda Hogberg was admitted to a nursing home in September, 2004. Two years later, in September 2006, her husband, a community spouse, filed a Medicaid application. The application was denied in March, 2007. In April, 2007, he filed an appeal. On May […]

James v. Richman, 465 F. Supp. 2d 395 (M.D. Pa. 2006). Robert and Josephine James were married when Robert went to the nursing home. A resource assessment was done and Medicaid determined they had $278,343 in available resources. To reduce their resources, Josephine purchased a $250,000 single premium immediate irrevocable annuity from General Electric Assurance […]

Harris v. McRae, 448 U.S. 297 (1980). The Medicaid program created by Title XIX is a cooperative endeavor in which the Federal Government provides financial assistance to participating States to aid them in furnishing health care to needy persons. Under this system of “cooperative federalism,” King v. Smith, 392 U.S. 309, 316, if a State […]

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