Legal Opinion
H.K. v. Division of Medical Assistance & Health Services
New Jersey Superior Court Appellate Division
Decided July 29, 2005PublishedCited by 13 opinions
1Opinion of the Court
The opinion of the court was delivered by
S.L. REISNER, J.A.D.
This case concerns the continuing tension between the State’s effort to conserve Medicaid resources for the truly needy and the legal ability of institutionalized Medicaid recipients to shelter income for the benefit of their non-institutionalized spouses. In this case, we hold that the applicant and his wife transgressed the permissible limits of Medicaid planning by entering into a divorce from bed and board1 and agreeing, in a consent order entered without judicial fact finding, that the institutionalized husband’s pension…
2Cases cited10 opinions
- Wisconsin Department of Health & Family Services v. BlumerSupreme Court of the United States · 2002
- Paper Mill Playhouse v. Millburn TownshipSupreme Court of New Jersey · 1984
- Public Service Electric & Gas Co. v. New Jersey Department of Environmental ProtectionSupreme Court of New Jersey · 1985
- DiMaria v. Bd. of Tr. of PERSNew Jersey Superior Court Appellate Division · 1988
- LM v. State, Div. of Med. Assist. & Health Serv.Supreme Court of New Jersey · 1995
5 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Il v. Nj Dept. of Human ServicesNew Jersey Superior Court Appellate Division · 2006
- E.B. v. Division of Medical Assistance & Health ServicesNew Jersey Superior Court Appellate Division · 2013
- In Re Register of Hist. Places ActNew Jersey Superior Court Appellate Division · 2009
- M.E.F. v. A.B.F.New Jersey Superior Court Appellate Division · 2007
- Valliere v. Comm'r of Soc. Servs.Supreme Court of Connecticut · 2018
8 more not listed; retrieve them via the Exa API.