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BORUCH v. NEBRASKA DEPT. OF HEALTH

No. A-01-658.

659 N.W.2d 848 (2003)

11 Neb. App. 713

Ronald D. BORUCH, Special Administrator of the Estate of Lambert Boruch, deceased, Appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES and Ron Ross, director of the Nebraska Department of Health and Human Services, Appellees.

Court of Appeals of Nebraska.

April 15, 2003.

Attorney(s) appearing for the Case

Richard K. Watts, of Watts Law Office, P.C., Osceola, for appellant.

Don Stenberg, Attorney General, Royce N. Harper, and Michele M. Lewon, Senior Certified Law Student, for appellees.

IRWIN, Chief Judge, and SIEVERS and INBODY, Judges.

SIEVERS, Judge.

On June 30, 1999, Ronald D. Boruch, on behalf of Lambert Boruch, filed with the Nebraska Department of Health and Human Services (DHHS) a written application for medical assistance benefits known as Medicaid. DHHS determined that based on the value of Lambert's irrevocable trust, he was ineligible for Medicaid benefits. After an administrative hearing, Ron Ross, the director of the services division of DHHS (Director), affirmed the finding, and Ronald...

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