Rudow v. Commissioner of the Division of Medical Assistance

We are asked once again to decide whether the Division of Medical Assistance (division) has correctly interpreted provisions of Title XIX of the Social Security Act (1965), the Medicaid Act, 42 U.S.C. §§ 1396 et seq., and its implementing Federal and State regulations, in calculating how much an institutionalized Medicaid recipient must contribute to the cost of her long-term care (the “patient paid amount” or PPA).3 Cf. Tarin v. Commissioner of the Div. of Medical Assistance, 424 Mass. 743 (1997). At issue in this case is whether, in calculating her “patient paid amount,” a nursing home…