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MISTRICK v. DIV. OF MED. ASSIST.

154 N.J. 158 (1998)

712 A.2d 188

SOPHIE MISTRICK, PETITIONER-RESPONDENT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT-APPELLANT, AND PASSAIC COUNTY BOARD OF SOCIAL SERVICES, RESPONDENT.

The Supreme Court of New Jersey.

Decided June 8, 1998.

Attorney(s) appearing for the Case

Meredith G. Van Pelt, Deputy Attorney General, argued the cause for appellant (Peter Verniero, Attorney General of New Jersey, attorney; Joseph L. Yannotti, Assistant Attorney General, of counsel).

Joseph A. Bottitta argued the cause for respondent (Bottitta & Bascelli, attorneys; Mr. Bottitta and Angelo Dattolo, on the brief).

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

The critical issue presented by this appeal is whether an individual retirement account (IRA) in the name of a husband must be included as a resource for purposes of determining his wife's Medicaid eligibility when the wife enters a nursing home but the husband remains in the community. With greater life expectancy significantly increasing the percentage of our population that eventually may require institutional...

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