In Re the Estate of Craig

OPINION OF THE COURT

Bellacosa, J.

The issue on this appeal is whether the Wayne County Department of Social Services may recoup Medicaid assistance payments provided to a man who died in 1983. The target of the recoupment effort is the estate of that man’s spouse, who died in 1989. The crux of the problem is that the wife lacked sufficient means to be considered a responsible relative at the time the payments were made in 1983 on behalf of her sick husband.

We conclude that the assertion of a nunc pro tune obligation against the widow’s estate is not supportable under presently governing…