V.P. v. Department of Human Services
Sep 02, 2011OUTCOME: Won on appeal
SUPERIOR COURT OF NEW JERSEY APPELLATE DIVISION DOCKET NO. A-2362-09T1 V.P., Petitioner-Appellant, v. DEPARTMENT OF HUMAN SERVICES, DIVISION OF MEDICAL ASSISTANCE AND HEALTH SERVICE ... S and BURLINGTON COUNTY BOARD OF SOCIAL SERVICES, Respondents-Respondents. ____________________________________________ September 2, 2011 Submitted March 29, 2011 - Decided Before Judges Payne and Hayden. On appeal from the Department of Human Services, Division of Medical Assistance and Health Services. Rothamel Bratton, attorneys for appellant (Austin F. DuBois, on the brief). Paula T. Dow, Attorney General, attorney for respondent Department of Human Services, Division of Health and Human Services (Melissa H. Raksa, Assistant Attorney General, of counsel; Zoe J. McLaughlin, Deputy Attorney General, on the brief). PER CURIAM V.P. appeals the final decision of Division of Medical Assistance and Health Services (DMAHS) imposing a period of ineligibility for Medicaid services as a result of the transfer of ownership of her home to her son, R.P. V.P. contends that the home should not have been considered a countable asset because the transfer fell within the child caregiver exemption. For reasons that follow, we agree and reverse.
