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GORCHALS v. DHFS

No. 98-0212.

224 Wis.2d 541 (1999)

591 N.W.2d 615

Shirley GORCHALS and James Gorchals, Petitioners-Respondents, v. WISCONSIN DEPARTMENT OF HEALTH AND FAMILY SERVICES, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided January 27, 1999.

Attorney(s) appearing for the Case

On behalf of the respondent-appellant, the cause was submitted on the briefs of James E. Doyle, attorney general, and Bruce A. Olsen, assistant attorney general.

On behalf of the petitioners-respondents, the cause was submitted on the brief of Mitchell Hagopian of the Coalition of Wisconsin Aging Groups.

There was an amicus curiae brief filed by Carol Wessels Plaisted and Kara Puklich Morgan of Legal Action of Wisconsin, Inc.

Before Brown, Nettesheim and Anderson, JJ.

BROWN, J.

This case concerns the application of the hardship criteria in the hardship waiver provision of the medical assistance recovery program. The program enables the Wisconsin Department of Health and Family Services to recoup medical assistance payments from the estates of deceased medical assistance recipients. Under the waiver allowance, however, the department must forego its claim against the estate if the beneficiaries of the estate meet certain criteria...

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