HERTING v. STATE DEPT. OF HEALTH CARE SERVICES

No. H040220.

235 Cal.App.4th 607 (2015)

DEBORAH HERTING, as Trustee, etc., Plaintiff and Appellant, v. STATE DEPARTMENT OF HEALTH CARE SERVICES, Defendant and Respondent.

Court of Appeals of California, Sixth District.

March 27, 2015.


Attorney(s) appearing for the Case

Myers Urbatsch, Kevin Patrick Urbatsch and Lily Moallem for Plaintiff and Appellant.

Kamala D. Harris , Attorney General, Julie Weng-Gutierrez , Assistant Attorney General, Susan M. Carson , Hadara R. Stanton and Cheryl Lynn Feiner , Deputy Attorneys General, for Defendant and Respondent.


OPINION

In this case we are called upon to examine the relationship between "special needs trusts," which allow certain individuals to qualify for public medical assistance under the federal Medicaid program, and the provisions entitling the state to recover the amounts it has paid to provide such assistance. Deborah...

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