Legal Opinion
F.K. v. Division of Medical Assistance & Health Services & Ocean County Board of Social Services
New Jersey Superior Court Appellate Division
Decided January 4, 2005PublishedCited by 23 opinions
1Opinion of the Court
The opinion of the court was delivered by
CUFF, J.A.D.
This appeal presents several issues concerning qualification for Medicaid benefits for a spouse who requires care in a nursing facility while the other spouse remains in the community. We consider a regulation adopted by the State Medicaid agency to control allegedly abusive use of annuities to shelter marital assets. Petitioner challenges the regulation that allows the purchase of an annuity but limits the amount of marital assets that may be used to purchase the annuity to the current community spouse resource allowance, which was $91,000…
2Cases cited24 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- Wilder v. Virginia Hospital Assn.Supreme Court of the United States · 1990
- West Virginia University Hospitals, Inc. v. CaseySupreme Court of the United States · 1991
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
19 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Morris v. Oklahoma Department of Human ServicesCourt of Appeals for the Tenth Circuit · 2012
- Estate of Pladson v. Traill County Social ServicesNorth Dakota Supreme Court · 2005
- H.K. v. Division of Medical Assistance & Health ServicesNew Jersey Superior Court Appellate Division · 2005
- NM v. Division of Medical Assistance and Health ServicesNew Jersey Superior Court Appellate Division · 2009
- Branch v. DairyNew Jersey Superior Court Appellate Division · 2019
18 more not listed; retrieve them via the Exa API.