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.
