DHSS v. ESTATE OF BUDNEY

No. 95-0982-FT.

197 Wis.2d 948 (1995)

541 N.W.2d 245

IN the MATTER OF the ESTATE OF Paul BUDNEY, Deceased: State of Wisconsin, DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Appellant, v. ESTATE OF Paul BUDNEY, Respondent.

Court of Appeals of Wisconsin.

Decided October 31, 1995.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of James E. Doyle, attorney general by Donald P. Johns, assistant attorney general.

For the respondent the cause was submitted on the briefs of Angela E. Canellos of Wauwatosa.

Before Wedemeyer, P.J., Sullivan and Fine, JJ.


WEDEMEYER, P.J.

The Department of Health and Social Services appeals from the trial court's judgment.1 The trial court ruled that the department could not recover from Paul Budney's estate medical assistance benefits paid on behalf of Grace Budney, his predeceased wife, because federal law does not authorize the recovery of benefits. The issue is whether § 49.496(3)(a), STATS., which allows the department to recover medical assistance...

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