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RUCK v. NOVELLO

No. 02-CV-6552L.

295 F.Supp.2d 258 (2003)

Erma RUCK, Individually and an Voluntary Administrator of the Estate of Paul Krause, Plaintiff, v. Antonia NOVELLO, Commissioner, New York State Department of Health, Anthony J. Restaino, Niagara County Department of Social Services, Defendants.

United States District Court, W.D. New York.

November 24, 2003.

Attorney(s) appearing for the Case

David J. Starkey, Lockport, NY, Rene H. Reixach, Jr., Woods, Oviatt, Gilman LLP, Rochester, NY, for Plaintiff.

Charles D. Steinman, New York State Attorney General, Rochester, NY, Edward P. Perlman, Lockport, NY, for Defendant.

DECISION AND ORDER

LARIMER, District Judge.

In this action, plaintiff, Erma Ruck ("Ruck"), challenges certain determinations and policies of the New York State Department of Health ("DOH") concerning payment of Medicaid benefits for her late husband who was confined to a nursing home. Specifically, Ruck claims that DOH's actions violate the "spousal impoverishment" provisions of the Medicaid Act, 42 U.S.C. § 1396r-5, and the anti-alienation provision...

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