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M.R. v. STATE DEPT. OF HUMAN SERV.

268 N.J. Super. 586 (1993)

634 A.2d 143

M.R., PETITIONER-APPELLANT, v. STATE OF NEW JERSEY, DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, RESPONDENT-RESPONDENT.

Superior Court of New Jersey, Appellate Division.

Decided December 8, 1993.

Attorney(s) appearing for the Case

Peter J. Selesky, attorney for appellant.

Fred DeVesa, Acting Attorney General, attorney for respondent (Joseph L. Yannotti, Assistant Attorney General, of counsel, and John K. Worthington, Deputy Attorney General, on the brief).

Before Judges SHEBELL, LONG and LANDAU.

The opinion of the court was delivered by LANDAU, J.A.D.

This appeal, filed on behalf of a nursing home resident, M.R., challenges a final decision of the Director of the Department of Human Services, Division of Medical Assistance and Health Services, (Director), which held that under N.J.S.A. 30:4D-2 and N.J.A.C. 10:71-5.1 et seq., voluntarily waived state pension benefits are considered "available income" when evaluating Medicaid eligibility...

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