I.L. v. N.J. DEPT. OF HUMAN SERVICES


913 A.2d 122 (2006)

389 N.J. Super. 354

I.L., Petitioner-Appellant, v. NEW JERSEY DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided July 25, 2006.


Attorney(s) appearing for the Case

Buchanan Ingersoll, for appellant (Ivan J. Punchatz, of counsel; Mr. Punchatz and Brian N. Rath, on the brief).

Nancy Kaplen, Acting Attorney General, for respondent (Michael J. Haas, Assistant Attorney General, of counsel; Julie Hubbs, Deputy Attorney General, on the brief).

Before Judges WEFING, WECKER and GRAVES.


The opinion of the court was delivered by

WECKER, J.A.D.

This is an appeal from a final agency decision of the Division of Medical Assistance and Health Services. The decision reversed the findings and conclusions of the Administrative Law Judge and denied Medicaid Only benefits to a nursing home patient, I.L., on the ground that her countable assets exceeded the allowable maximum.1 At...

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