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RUDOW v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE

429 Mass. 218 (1999)

KATHERINE RUDOW v. COMMISSIONER OF THE DIVISION OF MEDICAL ASSISTANCE (and a companion case.)

Supreme Judicial Court of Massachusetts, Barnstable.

March 11, 1999.

Attorney(s) appearing for the Case

Beth E. Waldman for the defendant.

John J. Ford (Martha T. Ramsey with him) for the plaintiffs.

Kenneth A. Behar, John D. Stuebing & Rochelle H. Zapol, for Massachusetts Extended Care Federation, Inc., amicus curiae, submitted a brief.

Present: WILKINS, C.J., ABRAMS, LYNCH, GREANEY, FRIED, MARSHALL, & IRELAND, JJ.

MARSHALL, J.

We are asked once again to decide whether the Division of Medical Assistance (division) has correctly interpreted provisions of Title XIX of the Social Security Act (1965), the Medicaid Act, 42 U.S.C. §§ 1396 et seq., and its implementing Federal and State regulations, in calculating how much an institutionalized Medicaid recipient must contribute to the cost of her long-term care (the "patient paid...

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