Indiana Department of Public Welfare v. Payne

ON REHEARING

BUCHANAN, Judge.

In our original opinion, appearing as Indiana Dept. of Pub. Welfare v. Payne (1992), Ind.App., 592 N.E.2d 714, we affirmed the trial court's conclusion that the defendant-appellant Indiana Department of Public Welfare (the Department) was required to allow the plaintiff-appellee Hazen Payne (Payne) to spend down his excess resources to become eligible for Medicaid coverage of his medical expenses. The Department petitions for rehearing, claiming that we misconstrued the federal law on the subject and that our opinion is inconsistent with the decision in Morris v.…