COLBY v. COMMISSIONER OF PUBLIC WELFARE


18 Mass. App. Ct. 767 (1984)

471 N.E.2d 108

HARRY COLBY & another vs. COMMISSIONER OF PUBLIC WELFARE.

Appeals Court of Massachusetts, Franklin.

November 15, 1984.


Attorney(s) appearing for the Case

J. Paterson Rae for the plaintiffs.

Carolyn V. Wood, Assistant Attorney General, for the defendant.

Present: GREANEY, C.J., ARMSTRONG, & SMITH, JJ.


GREANEY, C.J.

To resolve this appeal, we are required to explore the complexities of medicaid regulations, State and Federal. In particular, we examine "deeming" procedures. We conclude: (1) that a decision by a referee of the Department of Public Welfare (department) denying Lila Colby and her two children medicaid eligibility for the period between April 1, 1983, and September 30, 1983, until they had incurred medical expenses in excess of $1,722.96, was correct...

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