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H.K. v. DEPT. OF HUMAN SERVICES

877 A.2d 1218 (2005)

184 N.J. 367

H.K., Petitioner-Appellant, v. STATE of New Jersey, DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICES, Respondent-Respondent, Atlantic County Department of Human Services, Respondent.

Supreme Court of New Jersey.

Decided July 21, 2005.

Attorney(s) appearing for the Case

Gerard W. Quinn, Atlantic City, argued the cause for appellant (Cooper Levenson April Niedelman & Wagenheim, attorneys).

Michael J. Haas, Assistant Attorney General, argued the cause for respondent (Peter C. Harvey, Attorney General of New Jersey, attorney; Julie C. Hubbs, Deputy Attorney General, on the brief).

Justice LaVECCHIA delivered the opinion of the Court.

At age sixty-seven, H.K. applied for Medicaid assistance and was declared ineligible by the New Jersey Division of Medical Assistance and Health Services (DMAHS) because it determined that H.K. had transferred real property for less than fair market value within thirty-six months of the date that she applied (the "look-back" period). This appeal turns on whether DMAHS was correct as to when the real property transfer...

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