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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. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  2. It's a capital offense...one for you Latin scholars..

  3. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

  4. The promise of "Not to Tell" is the biggest lie ever given to a Birth Mother. THERE WERE NEVER ANY PROMISES GIVEN TO ANY OF US. One of the lies used to entice us to give up our Babies. There were many tactics used to try to convince us that it was best for Mother and Baby to cut the cord at birth. They have no idea of the pain and heartache that was caused by their attitude. The only thing that mattered was how great and wonderful they appeared to the prospective parents and their community. I completed my search, but that didn't stop the pain, heartbreak and the tears of the last 62 Years. I keep track and do know that he is alive, well educated and a musician. That little knowledge in itself is a Godsend to me. I pray that other Mothers also know that much and more to help heal their pain and open wounds. open wounds.

  5. please do your firm handles cases on breach of contract? please advise...

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