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L.M. v. STATE, DIV. OF MED. ASSIST. & HEALTH SERV.

140 N.J. 480 (1995)

659 A.2d 450

L.M., PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT-RESPONDENT, AND MIDDLESEX COUNTY BOARD OF SOCIAL SERVICES, RESPONDENT.

The Supreme Court of New Jersey.

Decided June 7, 1995.

Attorney(s) appearing for the Case

Kathryn A. Brock argued the cause for appellant.

John K. Worthington, Deputy Attorney General, argued the cause for respondent (Deborah T. Poritz, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Leighton A. Holness argued the cause for amicus curiae Legal Services of New Jersey, Inc. (Melville D. Miller, Jr., President, attorney; Mr. Miller, Mr. Holness, and John H. Fitzgerald, on the brief).

The opinion of the Court was delivered by STEIN, J.

The issue in this appeal arises from an elderly couple's attempt to avoid the so-called "Medicaid Gap," a term used to describe a level of income that is "just above the Medicaid cut-off yet too low to cover the cost of nursing home care." Jill Quadagno et al., Falling into the Medicaid Gap: The Hidden Long-Term Care Dilemma, 31 The Gerontologist 521, 521 (1991). That is the quandary that confronted...

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