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Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support.

When determining the amount a nursing home resident must pay each month toward the costs of care in a nursing facility, if the resident has a community spouse and a valid court order of support against the resident exists, DFCS must first deduct the amount of that order from the resident’s monthly income.  If the […]

Where a valid court order of support exists, Respondent must increase a nursing home community spouse’s monthly income allowance by the amount of the ordered support. Read More

DCH may recoup reimbursements paid to provider due to agency error.

Mobile Med, Inc. sought and obtained reimbursement for supplying Medicaid members with two ventilators each—one primary, and one “back-up” ventilator—over the course of two years, despite a provision in the Department of Community Health’s (DCH) provider manual that allowed for reimbursement for only one ventilator per member.  DCH was authorized to recoup the overpayment even

DCH may recoup reimbursements paid to provider due to agency error. Read More

Judge ruled on value of conservation easement for tax credit purposes.

The Department of Natural Resources’ (DNR) certification of a $67,500 tax credit for Petitioner River Refuge, LLC’s donation of a conservation easement was supported by a preponderance of the evidence.  DNR based the amount of the tax credit on an appraisal completed by the State Properties Commission, which determined that the total value of the

Judge ruled on value of conservation easement for tax credit purposes. Read More

The agency failed to support its position that blindness/hearing loss were not functional impairments.

The Department of Community Health failed to support its argument that a SOURCE beneficiary could not show that she met the level of care requirements through evidence of blindness and partial hearing loss because such deficits did not constitute “functional impairments” covered by the Program.

The agency failed to support its position that blindness/hearing loss were not functional impairments. Read More

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