Legal Opinion

Gold v. United Health Services Hospitals, Inc.

New York Court of Appeals

Decided February 15, 2001PublishedCited by 19 opinions

1Opinion of the Court

OPINION OF THE COURT

Rosenblatt, J.

Social Services Law § 104 (2) limits the amount a public welfare official may recoup from an infant who receives public assistance benefits. In these two cases, we must decide whether Medicaid’s recoupment provisions are subject to this limitation. We conclude that they are not.

Kimberly Santiago

Kimberly Santiago, an infant, was allegedly poisoned by lead paint in her apartment. Benita Santiago, the child’s mother, sued their landlord on behalf of herself and Kimberly, and the parties settled the case for $140,000. After subtracting attorneys’ fees and…

2Cases cited3 opinions

  1. Cricchio v. PennisiNew York Court of Appeals · 1997
  2. Baker v. SterlingNew York Court of Appeals · 1976
  3. Calvanese v. CalvaneseNew York Court of Appeals · 1999

3Cited by19 opinions

  1. Visiting Nurse Service of New York Home Care v. New York State Department of HealthNew York Court of Appeals · 2005
  2. Cunha v. ShapiroAppellate Division of the Supreme Court of the State of New York · 2007
  3. In re E.B.West Virginia Supreme Court · 2012
  4. Barbato v. New York State Department of HealthAppellate Division of the Supreme Court of the State of New York · 2009
  5. In Re the Estate of Abraham XX.New York Court of Appeals · 2008

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