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.
On Monday the Court issued orders from its December 6 Conference. (As Lyle reported the Court granted one new case from that Conference on Friday afternoon.) On Tuesday the Court issued one opinion and one dismissal. On Wednesday at 10:00 a.m., we expect one or more opinions in argued cases. We will begin live blogging at 9:45. This is the second week of the December sitting; the hearing list for this sitting is here.