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A.K. v. DIV. OF MED. ASSISTANCE & HEALTH SERV.

794 A.2d 835 (2002)

350 N.J. Super. 175

A.K., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, and Ocean County Board of Social Services, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided April 12, 2002.

Attorney(s) appearing for the Case

Donald B. Mark, Stratford, attorney for appellant.

David Samson, Roseland, Attorney General, attorney for respondents (Patrick DeAlmeida, Assistant Attorney General, of counsel; Elisabeth Doyle, Deputy Attorney General, on the brief).

Before Judges PRESSLER, CIANCIA and COLEMAN.

The opinion of the court was delivered by CIANCIA, J.A.D.

This appeal from the denial of Medicaid benefits centers on the method used to determine a couple's resource eligibility when one spouse is continuously institutionalized and the other is living in the community. The Division of Medical Assistance and Health Services within the Department of Human Services (DMAHS) issued a final agency decision concluding that A.K., the institutionalized spouse, was not eligible...

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