Michigan Majority Remands To Determine Validity Of Decision To Deny Medicaid

Mealey's (May 16, 2019, 1:04 PM EDT) -- LANSING, Mich. — A majority of the Michigan Supreme Court on May 9 vacated three administrative law judges’ decisions to uphold the Department of Human Services’ denial of Medicaid applications from “institutionalized spouses” and remanded to determine the validity of the denials, finding that the fact that an irrevocable trust that includes former assets of an institutionalized spouse can make payments to a community spouse does not automatically render the trust assets countable for the purpose of an initial Medicaid eligibility determination (Ralph D. Hegadorn v Department of Human Services Director, et al., Nos. 156132, 156133 and 156134, Mich. Sup., 2019 Mich. LEXIS 827)....

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