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ESTATE OF F.K. v. DMAHS

863 A.2d 1065 (2005)

374 N.J. Super. 126

ESTATE OF F.K., Petitioner-Appellant, v. DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES and Ocean County Board of Social Services, Respondents-Respondents.

Superior Court of New Jersey, Appellate Division.

Decided January 4, 2005.

Attorney(s) appearing for the Case

Shirley B. Whitenack, Morristown, argued the cause for appellant (Schenck, Price, Smith & King, attorneys; Ms. Whitenack, of counsel; Peter A. Marra and James A. Kassis, on the brief).

M. Elisabeth Doyle, Deputy Attorney General, argued the cause for respondent Division of Medical Assistance and Health Services (Peter C. Harvey, Attorney General, attorney; Michael J. Haas, Assistant Attorney General, of counsel; Tina Kashishian Sickler, Deputy Attorney General, on the brief).

Before Judges CUFF, WEISSBARD and KIMMELMAN.

The opinion of the court was delivered by

CUFF, J.A.D.

This appeal presents several issues concerning qualification for Medicaid benefits for a spouse who requires care in a nursing facility while the other spouse remains in the community. We consider a regulation adopted by the State Medicaid agency to control allegedly abusive use of annuities to shelter marital assets. Petitioner challenges the regulation that allows the purchase of an annuity but limits...

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