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R.S. v. DIVISION OF MEDICAL

DOCKET NO. A-5798-11T1

83 A.3d 868 (2014)

434 N.J. Super. 250

R.S., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and Union County Board of Social Services, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 23, 2014.

Attorney(s) appearing for the Case

Eugene S. Rosner , Clark, argued the cause for appellant (Fink, Rosner, Ershow-Levenberg, LLC, attorneys; Mr. Rosner , on the brief).

Kay R. Ehrenkrantz , Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services ( John J. Hoffman , Acting Attorney General, attorney; Melissa H. Raksa , Assistant Attorney General, of counsel; Ms. Ehrenkrantz, on the brief).

Respondent Union County Board of Social Services has not filed a brief.

Before Judges SAPP-PETERSON, LIHOTZ and HOFFMAN.

The opinion of the court was delivered by

HOFFMAN, J.A.D.

In this appeal, we are asked once again to address "the continuing tension between the State's effort to conserve Medicaid resources for the truly needy and the legal ability of institutionalized Medicaid recipients to shelter income for the benefit of their non-institutionalized spouses." H.K. v. Div. of Med. Assistance & Health Servs., 379 N.J.Super. 321

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