Legal Opinion
Shah v. DeBuono
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1999PublishedCited by 6 opinions
1Opinion of the Court
OPINION OF THE COURT
Bracken, J. P.
In this case, we hold that under the unambiguous terms of the applicable regulations, an individual who is institutionalized in the State of New York, who was not placed in a New York facility by another State, and who became incapable of indicating his or her intent at or after the age of 21 years is, for the purposes of Medicaid eligibility, to be deemed a resident of the State of New York.
The background of this case is set forth in the opinion of this Court in Matter of Shah (Helen Hayes Hosp.) (257 AD2d 275 [decided herewith]). As described therein, Bipin…
2Cases cited5 opinions
- Johnson v. BlumNew York Court of Appeals · 1983
- Barnett v. New York State Department of Social ServicesAppellate Division of the Supreme Court of the State of New York · 1995
- State of Ga. v. Stuckey Health CareCourt of Appeals of Georgia · 1988
- In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
- McMorris v. GlassAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
- Mtr. of Shah (Helen Hayes Hosp.)New York Court of Appeals · 2000
- In re ShahAppellate Division of the Supreme Court of the State of New York · 1999
- Degregorio v. Richmond Italian Pavillion, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- McMahan v. McMahanNew York Supreme Court · 2016
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