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H.K. v. DMAHS

878 A.2d 16 (2005)

379 N.J. Super. 321

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

Superior Court of New Jersey, Appellate Division.

Decided July 29, 2005.

Attorney(s) appearing for the Case

Nancy M. Rice, Haddonfield, attorney for appellant (Ms. Rice, Grayson H. Heberley and Tina DiDomenico Angeloni, on the brief).

Peter C. Harvey, Attorney General, attorney for respondent (Michael J. Haas, Assistant Attorney General, of counsel; Caitlin L. Aviss, Deputy Attorney General, on the brief).

Before Judges WECKER, S.L. REISNER and SELTZER.

The opinion of the court was delivered by

S.L. REISNER, J.A.D.

This case concerns the continuing tension between the State's effort to conserve Medicaid resources for the truly needy and the legal ability of institutionalized Medicaid recipients to shelter income for the benefit of their non-institutionalized spouses. In this case, we hold that the applicant and his wife transgressed the permissible limits of Medicaid planning by entering into a divorce from...

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