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McCormick v. Idaho Department of Health and Welfare

Certiorari Denied

Petition for certiorari denied on March 25, 2013.

Docket No.12-565
Op. BelowIdaho

Issue

(1) Whether assets which a Medicaid recipient divested during her lifetime fall within that individual"s "estate" as de?ned 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.

Proceedings & orders timeline

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

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