In re Brett & In re McCool

¶ 1. Petitioners in these consolidated appeals, both recipients of home-based long-term care benefits through Vermont’s Medicaid-funded Choices for Care (Choices) program, appeal decisions of the Human Services Board disallowing deduc tions for personal care services from their patient-share obligation under federal and state Medicaid laws. We conclude that, to the extent the services in question are medically necessary, expenses for those services must be deducted from petitioners’ patient-share obligation even if they are of a type generally covered by Medicaid. We further reject the…