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KEGEL v. STATE

No. 12516.

830 P.2d 563 (1992)

113 N.M. 646

Robert KEGEL, as Father and Next Friend of Eric Kegel, a Child, Plaintiff-Appellant, v. STATE of New Mexico, New Mexico Human Services Department, Defendant-Appellee.

Court of Appeals of New Mexico.

March 5, 1992.

Attorney(s) appearing for the Case

Steven Granberg, Albuquerque, for plaintiff-appellant.

Helen P. Nelson, Deputy Gen. Counsel, Office of Gen. Counsel, Human Services Dept., Santa Fe, for defendant-appellee.

OPINION

MINZNER, Judge.

Robert Kegel, the father and next friend of his minor son, Eric Kegel, appeals the termination of Eric's health care benefits by the Human Services Department (the Department). The sole appellate issue is whether the Department erred in determining that the trust of which Eric is a beneficiary is a "Medicaid qualifying trust" under 42 U.S.C. Section 1396a(k) (1989) and that the trust estate, proceeds of a personal injury settlement...

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