MAINE POOLED DISABILITY TRUST v. HAMILTON

No. 18-1223.

927 F.3d 52 (2019)

MAINE POOLED DISABILITY TRUST; Plaintiff, Appellant, Yvonne R. Richardson, by her Conservator Barbara Carlin, Plaintiff, v. Ricker HAMILTON, in his official capacity as Commissioner of Maine Department of Health and Human Services, Defendant, Appellee.

United States Court of Appeals, First Circuit.

June 20, 2019.


Attorney(s) appearing for the Case

Ron M. Landsman , Rockville, MD, with whom Landsman Law Group, Rene H. Reixach, Jr. , Woods, Oviatt, Gilman, LLP, Rochester, NY, Richard L. O'Meara , and Murray, Plumb & Murray, Portland, ME, were on brief, for appellant.

Thaddeus A. Heuer , with whom Dean Richlin , Jeremy W. Meisinger , and Foley Hoag, LLP were on brief, for National Academy of Elder Law Attorneys and Guardian Community Trust, amicus curiae.

David Scott Hamilton and Dennis M. Sandoval , APLC on brief for Special Needs Alliance, amicus curiae.

Christopher C. Taub , Assistant Attorney General of Maine, with whom Janet T. Mills , Attorney General of Maine, and Susan P. Herman , Deputy Attorney General of Maine, were on brief, for appellee.

Joseph H. Hunt , Assistant Attorney General, Halsey B. Frank , U.S. Attorney, Alisa B. Klein , Attorney, Civil Division, Appellate Staff, Casen B. Ross , Attorney, Civil Division, Appellate Staff, Robert P. Charrow , General Counsel, U.S. Department of Health and Human Services, Janice L. Hoffman , Associate General Counsel, U.S. Department of Health and Human Services, Susan Maxson Lyons , Deputy Associate General Counsel for Litigation, U.S. Department of Health and Human Services, David L Hoskins , Attorney, U.S. Department of Health and Human Services, W. Charles Bailey, Jr. , Attorney, U.S. Department of Health and Human Services, on brief for the United States of America, amicus curiae.

Before Thompson, Kayatta, and Barron, Circuit Judges.


This case concerns transfers of assets by individuals age sixty-five or older into what are called "pooled special needs trusts." The issue posed is whether such transfers are among those transfers that the Medicaid statute counts against eligibility for long-term care benefits. The district court held that they are. For...

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