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STATE, DEPT. OF H.R. v. ESTATE OF ULLMER

No. 40143.

87 P.3d 1045 (2004)

STATE of Nevada DEPARTMENT OF HUMAN RESOURCES, WELFARE DIVISION, Appellant, v. ESTATE OF Harold J. ULLMER, Deceased; Agnes T. Ullmer; Estate of Helen Parco, Deceased; and Michael F. Parco, Sr., Respondents.

Supreme Court of Nevada.

April 1, 2004.

Attorney(s) appearing for the Case

Brian Sandoval, Attorney General, and Charles Hilsabeck, Heather E. Kemp, and Sabrina Grindle Raetz, Deputies Attorney General, Carson City, for Appellant.

James M. O'Reilly, Las Vegas; Rochelle Bobroff, Washington, D.C., for Respondents Estate of Harold J. Ullmer and Agnes T. Ullmer.

Patricia A. Trent, Ltd., and Elyse M. Tyrell, Las Vegas, for Amici Curiae National Citizens' Coalition for Nursing Home Reform, National Academy of Elder Law Attorneys, National Senior Citizens' Law Center, and National Health Law Program.

Before the Court En Banc.

OPINION

BECKER, J.

In this appeal, we consider whether imposing a lien on a deceased Medicaid recipient's interest in a home before the surviving spouse's death2 constitutes a "recovery" in violation of federal and state Medicaid estate recovery law. We conclude that imposing a lien is not an impermissible "recovery." The State may impose a lien, subject to certain limitations, before the surviving spouse's death upon...

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