Legal Opinion
Mackey v. Department of Human Services
Michigan Court of Appeals
Decided September 7, 2010No. Docket No. 288966PublishedCited by 21 opinions
1Opinion of the CourtMurray, P.J.
Respondent, the Department of Human Services (DHS), appeals on leave granted the circuit court order reversing the hearing referee’s decision that the DHS properly imposed a Medicaid benefit divest*690ment penalty on petitioner, Elizabeth Marden.1 We conclude that the circuit court’s ruling was in error because the circumstances of petitioner’s investment in a closely held L.L.C. rendered the transaction a transfer for less than fair market value. Accordingly, the circuit court’s order is reversed.
I. FACTS AND PROCEEDINGS
The underlying facts are not in dispute. On November 29, 2005, petitioner…
2Cases cited23 opinions
- Atkins v. RiveraSupreme Court of the United States · 1986
- Boyd v. Civil Service CommissionMichigan Court of Appeals · 1997
- Walters v. Knox County Board of RevisionOhio Supreme Court · 1989
- Es v. Division of Med. Ass. & Health Serv.New Jersey Superior Court Appellate Division · 2010
- Dignan v. Michigan Public School Employees Retirement BoardMichigan Court of Appeals · 2003
18 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Roselyn Ford v. Department of Health and Human ServicesMichigan Supreme Court · 2019
- Ketchum Estate v. Department of Health and Human ServicesMichigan Court of Appeals · 2016
- Vansach v. Dep't of Health & Human Servs. (In re Estate of Vansach)Michigan Court of Appeals · 2018
- Hutcherson v. Arizona Health Care Cost Containment System AdministrationCourt of Appeals for the Ninth Circuit · 2012
- Zahner Ex Rel. Zahner v. Secretary Pennsylvania Department of Human ServicesCourt of Appeals for the Third Circuit · 2015
16 more not listed; retrieve them via the Exa API.