North Dakota Department of Human Services v. Caroline

NEUMANN, Justice.

[¶ 1] The North Dakota Department of Human Services appeals from the trial court’s order denying the department’s claim against Verna M. Wirtz’s estate for Medicaid benefits paid by the department for the benefit of Clarence Wirtz. We reverse and remand.

[¶ 2] Clarence Wirtz and Verna Wirtz married in 1943. In July 1996, Clarence Wirtz began receiving Medicaid benefits to pay for nursing home care. Clarence Wirtz continued to receive benefits until his death on August 24, 1997. Clarence Wirtz was over age fifty-five and married to Verna Wirtz at all times he received benefits.…