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MATTER OF LOPEZ v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH

42 A.D.3d 638 (2007)

839 N.Y.S.2d 827

In the Matter of CONCETTA LOPEZ, Individually and as Representative of FELIX LOPEZ, Appellant, v. COMMISSIONER OF NEW YORK STATE DEPARTMENT OF HEALTH et al., Respondents.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided July 5, 2007.

Cardona, P.J.

Petitioner challenges the denial of the Medicaid application filed on behalf of her husband, Felix Lopez,1 seeking assistance with his nursing home care expenses. Medicaid is a jointly funded state and federal medical assistance program aimed at assisting those eligible individuals whose income and resources are insufficient to cover the cost of necessary medical care (see 42 USC § 1396 et seq.; Social...

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