Editor's Note :

Editor's Note :

We expect orders from the March 24 conference on Monday at 9:30 a.m. There is a possibility of opinions on Tuesday, March 28 and Wednesday, March 29.
On Monday the court hears oral argument in Advocate Health Care Network v. Stapleton. Ronald Mann has our preview.
On Monday the court also hears oral argument in TC Heartland LLC v. Kraft Foods Group Brands LLC. Ronald Mann has our preview.

McCormick v. Idaho Department of Health and Welfare

Petition for certiorari denied on March 25, 2013
Docket No. Op. Below Argument Opinion Vote Author Term
12-565 Idaho N/A N/A N/A N/A OT 2012

Issue: (1) Whether assets which a Medicaid recipient divested during her lifetime fall within that individual’s “estate” as defined in 42 U.S.C. § 1396p(b)(4); and (2) if not, whether 42 U.S.C. § 1396p(b)(4) preempts Idaho statutes and regulations that authorize the Idaho Department of Health and Welfare to assert Medicaid recovery claims against assets in which the Medicaid recipient did not have any legal title to or interest in at the time of the recipient’s death.

DateProceedings and Orders
Nov 5 2012Petition for a writ of certiorari filed. (Response due December 7, 2012)
Dec 4 2012Brief of respondent Idaho Department of Health and Welfare in opposition filed.
Dec 19 2012DISTRIBUTED for Conference of January 11, 2013.
Mar 20 2013DISTRIBUTED for Conference of March 22, 2013.
Mar 25 2013Petition DENIED.
 
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