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M.E.F. v. A.B.F.

925 A.2d 12 (2007)

393 N.J. Super. 543

M.E.F., Plaintiff-Appellant, v. A.B.F., Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided June 13, 2007.

Attorney(s) appearing for the Case

Mary Cay Trace, Woodbury and Donald B. Mark, Stratford, argued the cause for appellant (Trace & Jenkins and Donald B. Mark, attorneys; Erin L. Benson, on the brief).

Anthony J. Fiola, Assistant County Counsel, argued the cause for respondent Gloucester County Division of Social Services (Samuel J. Leon, Gloucester County Counsel, attorney; Maria Detitto, on the brief).

Caitlin A. McLaughlin, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Stuart Rabner, Attorney General, Michael J. Haas, Assistant Attorney General, of counsel; Ms. McLaughlin, on the brief).

Before Judges KESTIN, WEISSBARD and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

In this appeal, we are asked to construe provisions of the Medicaid Catastrophic Care Act of 1988 (MCCA or Act) and its state regulatory counterpart that, in situations in which a Medicaid-eligible spouse is institutionalized, provide a maintenance allowance for the support of the spouse who remains in the community. Specifically, we are asked to determine the mechanisms available to the "community spouse...

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