COHEN v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE


423 Mass. 399 (1996)

MARY COHEN v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE. LILLIAN I. WALKER v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE. SYDNEY A. COMINS & another, executors, v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE. JOHN KOKOSKA , guardian, v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE.

Supreme Judicial Court of Massachusetts, Suffolk, Barnstable, Middlesex.

August 2, 1996.


Attorney(s) appearing for the Case

Raymond H. Young (Robert O. Berger with him) for John Kokoska.

Robert M. Bonin (Mardic Marashian with him) for Sydney A. Comins & another.

Pamela E. Terry for Lillian Walker.

Donald N. Freedman (Marcia J. Glickman with him) for Mary Cohen.

Judy A. Levenson, Assistant Attorney General, for the Commissioner of the Division of Medical Assistance.

Present: LIACOS, C.J., ABRAMS, GREANEY, & FRIED, JJ.


FRIED, J.

These four cases raise a common issue in the administration of the Medicaid program that has recurred in virtually identical form throughout the United States. In the four cases before us, the Division of Medical Assistance (division) denied the plaintiffs' eligibility for Medicaid benefits because it deemed that the plaintiffs had available to them sufficient resources of their own. In three of the cases a Superior Court judge affirmed the division's determinations...

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