Joyner v. North Carolina Department of Health & Human Services

ERVIN, Judge.

Respondent North Carolina Department of Health and Human Services appeals from an order overturning its decision to impose a transfer sanction upon Decedent Leola H. Joyner and finding that DHHS acted erroneously when it terminated Decedent’s long-term care Medicaid benefits. On appeal, DHHS contends that the trial court erred by concluding that the execution of deeds of trust applicable to Ms. Joyner’s residence did not constitute the “transfer” or “disposal” of an asset within the meaning of applicable provisions of federal law. As an alternative basis for upholding the result…