A New Jersey appeals court rules that the state was not required to verify a Medicaid applicant's bank account information itself and could require the applicant to provide that information. V.S. v. Division of Medical Assistance and Health Services (N.J. Super. Ct., App. Div., No. A-5179-16T4, June 18, 2018).
V.S.'s guardian applied for Medicaid benefits on her behalf. Her application indicated she had bank and investment accounts. The state replied with a notice requesting verification of the information she provided, including bank statements. V.S. did not produce the information, and the state denied her application.
V.S. appealed, arguing that state regulations require the state to obtain the necessary verifications itself. After a hearing, the state issued a final decision rejecting V.S.'s appeal, and V.S. appealed to court.
The New Jersey Superior Court, Appellate Division, affirms, holding that the state was not required to contact V.S.'s bank to verify her resources. The court rules that there "is no regulation that requires agencies to obtain information about a Medicaid applicant's bank records" or that prevents the state from obtaining the information from the applicant herself.
For the full text of this decision, go to: https://www.judiciary.state.nj.us/attorneys/assets/opinions/appellate/unpublished/a5179-16.pdf?cacheID=EKDdxlR
Did you know that the ElderLawAnswers database now contains summaries of more than 2,000 fully searchable elder law decisions dating back to 1993? To search the database, click here.
Subscribe to the Knowledge Bank.
