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IN RE LOWY (DEPT. OF HEALTH & HUM. SERVS.)

No. 2006-570.

931 A.2d 552 (2007)

Appeal of David LOWY (NEW HAMPSHIRE DEPARTMENT OF HEALTH AND HUMAN SERVICES).

Supreme Court of New Hampshire.

Opinion Issued: August 23, 2007.

Attorney(s) appearing for the Case

Law Office of Ann N. Butenhof, of Manchester (Ann N. Butenhof and Judith L. Bomster, on the brief, and Ms. Butenhof orally), for the petitioner.

Kelly A. Ayotte, attorney general (Suzan M. Lehmann, senior assistant attorney general, on the brief and orally), for the respondent.

DUGGAN, J.

The petitioner, David Lowy, appeals a decision of the Administrative Appeals Unit (AAU) of the New Hampshire Department of Health and Human Services (DHHS) upholding a denial of Medicaid eligibility. The AAU concluded that the petitioner's special needs trust does not qualify for exclusion as a resource from his Medicaid eligibility determination, and, regardless of whether the trust qualifies for exclusion, the petitioner is required to provide information...

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