Practice Area: Elder Law
Outcome: Judge granted summary judgment in favor of Lindgrens, finding lawsuit against Lindgrens pre-empted by federal Medicaid law.
Description: Douglas County sued adult children (Lindgrens) for recovery of Medical Assistance (Medicaid) benefits paid by county for mother's nursing home care after county granted hardship waiver to mother. Lindgrens argued federal Medicaid law pre-empts county/state's ability to sue them for recovery of Medicaid benefits and that state law permitting law suit against the beneficiary of a gift from a medical assistance recipient who later was granted a hardship waiver was pre-empted by federal law. This appears to be the first such case in Minnesota brought under the Minnesota cause of action statute.