Legal Opinion
Mistrick v. Division of Medical Assistance & Health Services
New Jersey Superior Court Appellate Division
Decided March 24, 1997PublishedCited by 2 opinions
1Opinion of the Court
The opinion of the court was delivered by
PRESSLER, P.J.A.D.
This is a Medicaid eligibility case. The sole legal issue before us is the correctness of the final decision of the Director of the respondent Division of Medical Assistance and Health Services holding that for purposes of determining one spouse’s resource-eligibility for institutional Medicaid, the individual retirement account (IRA) of the other spouse is an includable resource. We are satisfied that this conclusion is incorrect as a matter of law, and we therefore reverse the Division’s decision, which affirmed the ineligibility…
2Cases cited8 opinions
- Harris v. McRaeSupreme Court of the United States · 1980
- Schweiker v. Gray PanthersSupreme Court of the United States · 1981
- Atkins v. RiveraSupreme Court of the United States · 1986
- Matter of MusickSupreme Court of New Jersey · 1996
- LM v. State, Div. of Med. Assist. & Health Serv.Supreme Court of New Jersey · 1995
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3Cited by2 opinions
- Mistrick v. Division of Medical Assistance & Health ServicesSupreme Court of New Jersey · 1998
- Martin v. Ohio Department of Human ServicesOhio Court of Appeals · 1998