Legal Opinion
In Re the Estate of Abraham XX.
New York Court of Appeals
Decided November 20, 2008PublishedCited by 13 opinions
POINTS OF COUNSEL
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
At issue in this appeal is the scope of the State’s right to reimbursement for Medicaid payments made on behalf of an infant pursuant to the terms of a supplemental needs trust established in accordance with state and federal law. The question is whether the State can recover its remainder interest in an amount equal to the “total medical assistance paid” on behalf of the recipient, or whether the State is limited to the amount expended from the trust’s effective date to the recipient’s death. We hold that the State can recover the entire amount paid from…
2Cases cited5 opinions
- Arkansas Department of Health & Human Services v. AhlbornSupreme Court of the United States · 2006
- In re the Estate of EscherNew York Surrogate's Court · 1978
- In re GrossNew York Court of Appeals · 1981
- Gold v. United Health Services Hospitals, Inc.New York Court of Appeals · 2001
- In re the Estate of Abraham XX.Appellate Division of the Supreme Court of the State of New York · 2007
3Cited by13 opinions
- Jennings v. CommissionerAppellate Division of the Supreme Court of the State of New York · 2010
- McCollum v. Secretary of Health & Human ServicesUnited States Court of Federal Claims · 2010
- In re the Estate of WoolworthAppellate Division of the Supreme Court of the State of New York · 2010
- In re CornSupreme Court of Arkansas · 2016
- In re Ruben N.Appellate Division of the Supreme Court of the State of New York · 2010
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