M.R. v. State

The opinion of the court was delivered by

LANDAU, J.A.D.

This appeal, filed on behalf of a nursing home resident, M.R., challenges a final decision of the Director of the Department of Human Services, Division of Medical Assistance and Health Services, (Director), which held that under N.J.S.A. 30:4D-2 and N.J.A.C. 10:71-5.1 et seq., voluntarily waived state pension benefits are considered “available income” when evaluating Medicaid eligibility.

In so holding, the Director rejected an Administrative Law Judge’s decision which recommended a contrary result. It is not disputed that the waived…