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DONNA G. v. DEPT. OF HEALTH & HUMAN SERVS.

No. S-17-712.

920 N.W.2d 668 (2018)

301 Neb. 838

DONNA G., AS Mother and NEXT FRIEND OF ERIC S., a Minor Child, Appellant, v. NEBRASKA DEPARTMENT OF HEALTH AND HUMAN SERVICES and Calder A. Lynch, Director, Division of Medicaid and Long-Term Care, Appellees.

Supreme Court of Nebraska.

Filed December 14, 2018.

Attorney(s) appearing for the Case

Randy Fair , of Dudden & Fair, P.C., L.L.O., Ogallala, for appellant.

Douglas J. Peterson , Attorney General, and Ryan C. Gilbride , Lincoln, for appellees.

Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg JJ.

The Nebraska Department of Health and Human Services (DHHS) terminated the Medicaid benefits of Eric S., and the district court affirmed. Eric's court-appointed guardian and conservator appeals. The primary issue on appeal is whether the corpus of a trust is available to Eric for purposes of determining his Medicaid eligibility. For the...

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