In a case brought by ElderLawAnswers member attorney Tim Nay (right), Oregon's highest court holds that rule amendments allowing the state to recover transfers made to a spouse within the five years before an applicant applies for Medicaid are invalid. Nay v. Department of Human Services (Or., No. CA A150722; SC S062978, Dec. 15, 2016).
In 2008, Oregon amended its administrative rules defining estate for Medicaid estate recovery purposes. The new definition included interspousal transfers made within 60 months of the date of request for benefits.
Portland ElderLawAnswers member attorney Tim Nay challenged the law, arguing that it exceeded the state's statutory authority because it included assets that were transferred before the Medicaid recipient's death. The court of appeals held that the challenged amendments to the estate recovery rules exceeded federal and state authority and were invalid. The state appealed.
The Oregon Supreme Court affirms, holding that the rule amendments allowing the state to recover transfers made to a spouse within the five years before a person applies for Medicaid are invalid. According to the court, "the rule amendments depart from a legal standard expressed or implied in the particular law being administered."
For the full text of this decision, go to: https://www.publications.ojd.state.or.us/docs/S062978.pdf
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