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IN RE ESTATE OF VOLLMANN

No. S-16-608.

896 N.W.2d 576 (2017)

296 Neb. 659

IN RE ESTATE OF Herman M. VOLLMANN, deceased. Cathy Densberger, Personal Representative of the Estate of Herman M. Vollmann, deceased, appellant, v. Nebraska Department of Health and Human Services, appellee.

Supreme Court of Nebraska.

Filed May 12, 2017.

Attorney(s) appearing for the Case

Phillip Wright for appellant.

Douglas J. Peterson , Attorney General, and Ronald L. Sanchez , Special Assistant Attorney General, for appellee.

Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch, and Funke, JJ.

INTRODUCTION

In this appeal, we must determine whether "medical assistance" provided to a Medicaid recipient includes costs for his room and board and other "nonmedical" expenses at nursing facilities. A chain of statutes and regulations dictates that it does. Because federal law requires a state to seek recovery of medical...

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