Paul Valliere et al. v. Commissioner of Social Services, SC 19701
Feb 01, 2018OUTCOME: The Connecticut Supreme Court found in favor of the Carmine’s clients (Paul Valliere et al.)
The Department of Social Services appealed a Superior Court decision (J. Noble) that stated, “pursuant to [federal law, state law] as well as the commissioner’s own policy manual, the department is obl ... iged to adopt a Probate Court order (J. Mahon) awarding a CSA [Community Spouse Allowance] where the order predates an institutionalized person’s application for Medicaid.” The Supreme Court affirmed, holding that the probate court did not exceed its authority under section 45a-655 by ordering community spouse support in an amount that exceeded that which the Department of Social Services could order pursuant to 42 U.S.C. 1396r-5. This case has wide-ranging implications regarding Medicaid eligibility and the practice of law within our state's probate courts.
