In Re Estate of Shuh

The Department of Social Services, Mo HealthNet Division (“Division”) appeals from the judgment dismissing the Division’s claim for recovery of Medicaid assistance paid to Raymond V. Shuh’s predeceased spouse, Lucille J. Shuh. The Division contends the trial court erred in dismissing the Division’s claim because the trial court incorrectly concluded that Section 473.399.2, RSMo 2000, 1 the statute authorizing recovery of Medicaid assistance from the estate of the spouse of the deceased recipient, exceeds the allowable provisions for recovery under the Medicaid Act, 42 U.S.C. Section 1396p(b).…