Merker v. Division of Medical Assistance & Health Services

Pursuant to N.J.S.A. 30:4D 7.8, plaintiff challenged the validity of a lien imposed by defendant Division of Medical Assistance and Health Services for Medicaid payments correctly paid to decedent Olive Merker after she attained age 65. From summary judgment in plaintiff’s favor, defendant appeals.

The plain wording of N.J.S.A. 30:4D - 7.2a bars defendant’s lien because decedent, who died on June 23, 1982, was survived by a child, in fact eight children all over age 21. Defendant nevertheless argues that “surviving child” in N.J.S.A. 30:4D-7.-2a should be read as “surviving child under age 21”…