SPAIN, J.
In 1997, defendant Edward M. Tomeck applied for Medicaid coverage. Plaintiff denied the application, finding that Tomeck and his wife, Margaret M. Tomeck (hereinafter decedent), had excess income and assets. Rather than dispose of the excess resources, decedent chose to file a spousal refusal, which permitted her husband to qualify for coverage but allowed her to keep her excess resources. Decedent died in 2002. In March 2004, plaintiff filed a notice of...
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