Weiss v. Suffolk County Department of Social Services
New York Supreme Court, Appellate Division
121 A.D.3d 703 (2014)
- Written by Angela Patrick, JD
Facts
Martha Weiss (plaintiff) gave approximately $78,000 to her daughter. The daughter used $41,600 of the money to pay for Weiss’s care in an assisted-living facility. Less than five years after giving the money to her daughter, Weiss moved into a nursing home and applied for Medicaid to pay for the nursing-home expenses. The Suffolk County Department of Social Services (county) (defendant) found that Weiss had limited assets and was eligible for Medicaid benefits. However, the county also imposed a penalty on Weiss for having recently given away assets that she could have used to pay for the nursing-home care. Specifically, the county penalized Weiss with 6.84 months of Medicaid ineligibility, which represented $78,000 of nursing-home care. Weiss requested a reduction in the penalty period because her daughter had essentially transferred $41,600 of the gifted money back to Weiss by using it to pay for Weiss’s assisted-living care. The county denied the reduction request, and the New York State Department of Health affirmed the denial. Weiss filed a petition for relief in state court.
Rule of Law
Issue
Holding and Reasoning (Balkin, J.)
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