Justia Public Benefits Opinion Summaries

Articles Posted in Real Estate Law
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After Peggy Gheen died, her sons discovered quitclaim deeds Mrs. Gheen had executed to them for her interests in a residential property and a farm. The Gheen sons subsequently recorded the deeds. The State ex rel. Dep’t of Health, Div. of Healthcare Financing/Equitycare (Department) filed a lien against both properties to recover the cost of Medicaid benefits paid on behalf of Mrs. Gheen before her death. The Gheen sons filed a petition to remove a false lien and quiet title, claiming they were the rightful owners of the property. The Department moved for summary judgment, asserting that it had a valid lien because Mrs. Gheen owned the properties at the time of her death and the quitclaim deeds were not valid. The district court granted summary judgment for the Department. The Supreme Court affirmed, holding that the Department’s Medicaid lien was valid as to the properties.View "Gheen v. State ex rel. Dep’t of Health" on Justia Law

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Applicant Marilyn Clifford appealed the denial of long-term home-care benefits under the Medicaid-funded Choices for Care program, arguing that a second home on an adjacent piece of property should have been excluded from the financial-eligibility calculation. Given the language of the regulation, the legislative history that led to its promulgation, and the policy considerations attending the Medicaid program, the Supreme Court concluded that the Secretary correctly interpreted the home-exclusion rule when he reinstated the determination of the Department of Children and Families denying the benefits. Thus, the Court found no compelling indication of error in the Secretary’s determination and affirmed. View "In re Marilyn Clifford" on Justia Law

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This appeal arose from a claim filed by the Idaho Department of Health and Welfare in the probate proceeding of George D. Perry, the deceased spouse of Medicaid recipient Martha J. Perry. The Department sought to recover funds under I.C. 56-218 from the sale of the couple’s home (their only significant asset) to recoup Medicaid benefits paid to Martha during her lifetime. The magistrate court disallowed the Department’s claim for recovery, finding that Martha had no interest in the real property because George, acting for Martha under a power of attorney, conveyed the property to himself before his death. That decision was upheld on appeal to the district court. The Department appealed to the Supreme Court. Upon review, the Court found that the district court erred in finding that federal law preempted the Department's ability to recover from George's estate what was once Martha's community property during the marriage. The Court reversed the district court and remanded the case for further proceedings.View "Id. Dept. of Health & Welfare v. McCormick" on Justia Law