Legal Opinion

Austin v. Indiana Family & Social Services Administration

Indiana Court of Appeals

Decided April 26, 2011No. 64A04-1008-MI-514PublishedCited by 5 opinions

1Opinion of the Court

OPINION

BARNES, Judge.

Case Summary

Lola Austin appeals the trial court’s af-firmance of Family and Social Services Administration’s (“FSSA’s”) imposition of a transfer penalty upon her application for Medicaid nursing home benefits, which resulted in her being ineligible for such benefits for seven months. We affirm.

Issue

The restated issue before is whether FSSA erred in imposing a transfer penalty based upon Austin’s payment of $35,500 to her nephew, James Mack, and James’s wife, Julianne Mack, prior to applying for Medicaid nursing home benefits.

Facts

Austin, born in 1916, is the sister of…

2Cases cited10 opinions

  1. Es v. Division of Med. Ass. & Health Serv.New Jersey Superior Court Appellate Division · 2010
  2. Developmental Services Alternatives, Inc. v. Indiana Family & Social Services AdministrationIndiana Court of Appeals · 2009
  3. Mackey v. Department of Human ServicesMichigan Court of Appeals · 2010
  4. Gillmore v. Illinois Department of Human ServicesIllinois Supreme Court · 2006
  5. Matter of the Estate of Harry L. RickertIndiana Supreme Court · 2010

5 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Millennium Real Estate Investment, LLC v. Assessor, Benton CountyIndiana Tax Court · 2012
  2. Gauthier v. Director of the Office of MedicaidMassachusetts Appeals Court · 2011
  3. Ada Brown v. Indiana Family and Social Services AdministrationIndiana Court of Appeals · 2015
  4. Seth Anderson v. Huntington County Board of CommissionersIndiana Court of Appeals · 2013
  5. Universal Health Realty v. William J. Fluty, Jr., in his official capacity as Vanderburgh County AssessorIndiana Tax Court · 2020

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