Department of Health & Mental Hygiene v. Campbell

BELL, Chief Judge.

This case presents the issue of whether guardianship commissions and attorneys’ fees of an attorney appointed guardian of the property of mentally incompetent Medicaid recipients constitute available income under the Maryland Medicaid Assistance Program, specifically whether such fees qualify as a personal needs allowance. 1 We shall hold, con trary to the conclusion of the Circuit Court for Baltimore City, that they are not.

The Medicaid program, a jointly funded collaboration between a State and the federal government providing medical assistance to low income persons…