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COA: agency's claim for Medicaid reimbursement allowed

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The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.

In State of Indiana ex rel. Family and Social Services Administration v. Estate of Phillip Roy, No. 33A04-1105-ES-246, the FSSA filed a notice of lien in April 2009 against the estate of Phillip Roy after he died in November 2008 for nearly $40,000 in Medicaid expenses incurred by Roy during his lifetime. The estate moved to dismiss the petition. The trial court disallowed the lien because it was invalid and found that FSSA’s claim to recover the benefits was time-barred by Indiana Code 29-1-14-1(d) because it was filed more than nine months after Roy died.

The trial court focused on the part of the statute that says all claims barrable under subsection (a) would be barred if not filed within nine months. But the judge disregarded the language of subsection (a) that says the time limitations apply to all claims filed “other than … claims of the United States, the state, or a subdivision of the state …” The FSSA is a subdivision of the state, the judges found.

Judges James Kirsch and Cale Bradford also rejected the argument by the estate that because an estate wasn’t opened within five months, the estate representatives are prevented from selling Roy’s real estate and using the proceeds or a portion of it to pay FSSA’s claim based on I.C. 29-1-7-15.1(b). The judges remanded with instructions.

Judge Michael Barnes disagreed with his colleagues that subsection 15.1(b) doesn’t preclude the sale of Roy’s real property to pay a debt owed to FSSA.

“To give effect to Subsection 15.1(b), I believe that because FSSA is no longer claiming that it has a valid lien upon Roy’s real property and because his estate was not opened within five months of death, the property cannot be sold to pay FSSA’s claim,” he wrote.

 

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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