North Dakota Department of Human Services v. Thompson

SANDSTROM, Justice.

[¶ 1] Lyndon R. Thompson, personal representative of the estate of Victoria Jane Thompson (the personal representative), appealed an order granting the claim of the Department of Human Services (the department) against Victoria Thompson’s estate for medical assistance provided to her spouse, Nathaniel M. Thompson. We conclude 42 U.S.C. § 1396p authorizes the department’s claim and North Dakota’s estate recovery statute was not applied retroactively. We affirm.

I

[¶ 2] Nathaniel Thompson received medical assistance benefits of $58,237.30 between January 1, 1991, and his death…