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NAY v. DEPT. OF HUMAN SERVICES

SC S062978.

385 P.3d 1001 (2016)

360 Or. 668

Tim NAY, Respondent on Review, v. DEPARTMENT OF HUMAN SERVICES, Petitioner on Review.

Supreme Court of Oregon.

December 15, 2016.

Attorney(s) appearing for the Case

Carson L. Whitehead, Assistant Attorney General, Salem, argued the cause and filed the briefs for petitioner on review. Also on the briefs were Ellen F. Rosenblum, Attorney General, and Anna M. Joyce, Solicitor General.

Matthew W. Whitman, Portland, argued the cause and filed the brief for respondent on review. Also on the brief was the firm of Nay & Friedenberg, Portland.

Before Balmer, Chief Justice, and Kistler, Walters, Landau, Baldwin, and Brewer, Justices.

BALDWIN, J.

In general, the Department of Human Services is required by law to recover Medicaid payments from those assets in which the Medicaid recipient had an interest at the time of death. In 2008, the department amended its administrative rules regarding the scope of that recovery. The amended rules allow the department to recover the payments from assets that the recipient had transferred to a spouse up to five years before a person applies...

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