Legal Opinion

Opinion No. Oag 4-86, (1986)

Wisconsin Attorney General Reports

Decided March 7, 1986PublishedCited by 1 opinion

1Opinion of the Court

GEORGE F. POTARACKE, Executive Director Board on Aging and LongTerm Care

You have asked for my opinion as to the legality of certain contract provisions utilized by some Wisconsin nursing homes that require prospective residents to enter and remain on "private pay status" for a given period of time before applying for medical assistance benefits. You pose the question of "legality" in general terms, but specifically refer to section 1909 (d)(2) of the Social Security Act (42 U.S.C. § 1396h(d)(2) (1977)). Section 1909 (d)(2) criminalizes the solicitation of money from residents or their…

2Cases cited10 opinions

  1. Boyce Motor Lines, Inc. v. United StatesSupreme Court of the United States · 1952
  2. State v. J. C. Penney Co.Wisconsin Supreme Court · 1970
  3. State v. TroncaWisconsin Supreme Court · 1978
  4. Resident v. NootSupreme Court of Minnesota · 1981
  5. Wisconsin Granite Co. v. Industrial CommissionWisconsin Supreme Court · 1932

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

3Cited by1 opinion

  1. Opinion No. Oag 66-87, (1987), Wisconsin Attorney General Reports1987

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