While Social Services Law § 369, as it existed at the time of the decedent's death, prevented welfare agencies from recouping the cost of Medicaid payments from the estate of a recipient who was 65 years or older until his or her surviving spouse died, section 369 (2) (c) provides an exception to that rule and permits the Department of Social Services to recover the costs of medical assistance provided to an injured person in accordance with Social Services Law §...
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