MERKER v. DIVISION OF MEDICAL ASSISTANCE & HEALTH SERVICES


193 N.J. Super. 68 (1984)

472 A.2d 161

LESLIE W. MERKER, JR., EXECUTOR OF THE ESTATE OF OLIVE A. MERKER, DECEASED, PLAINTIFF-RESPONDENT, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, DEPARTMENT OF HUMAN SERVICES, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided February 1, 1984.


Attorney(s) appearing for the Case

Karen L. Suter, Deputy Attorney General, argued the cause for appellant (Irwin I. Kimmelman, Attorney General, attorney; James J. Ciancia, Assistant Attorney General, of counsel).

Helen B. Ver Strate argued the cause for respondent (Deakin & Ver Strate, attorneys).

Before Judges FRITZ, FURMAN and DEIGHAN.


PER CURIAM.

Pursuant to N.J.S.A. 30:4D-7.8, plaintiff challenged the validity of a lien imposed by defendant Division of Medical Assistance and Health Services for Medicaid payments correctly paid to decedent Olive Merker after she attained age 65. From summary judgment in plaintiff's favor, defendant appeals.

The plain wording of N.J.S.A. 30:4D-7.2a bars defendant's lien because decedent, who died on June 23, 1982, was survived by a child, in...

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