MHL ARTICLE 81 - New York State Unified Court System

the application without prejudice to bringing a new application to created a 1st party "payback" SNT
for the contents of both bank accounts.
Estate of Cora Barnes v. Lawrence Nursing Home, NYLJ, 11/20/03, p. 19 (Sup. Ct., Kings
Cty.)(Kramer, J.)
Interpreting PHL 2801-d(5) the court holds that where nursing home resident received a tort
damage ward for personal injury inflicted by the nursing home, the award would not become a
pyhric victory by rendering her ineligible for Medicaid in the FUTURE, however, applying the
principals of Cricchio, the Medicaid lien for PAST treatment would not be waived.
Ianazzi v. Seckin, NYLJ, 12/9/02) (Sup. Ct., Kings Cty.)(Pesche,J)
Example of case where DSS lien is upheld under Cricchio (see below)
Gold v. United Health Services, 95 N.Y.2d 683; 723 N.Y.S.2d 117 (2001); 746 NE2d 172
Social Services Law §104 (2) limits the amount that a public welfare official may recoup from an
infant who receives public assistance benefits but that limitation does not apply to an infant who
receives Medicaid funds. Medicaid is always the payor of last resort and a Medicaid lien must be
satisfied in full before the infant's funds may be placed into an SNT, even if it means that there will
be nothing left to place into the SNT. OVERULED BY ARKANSAS v. AHLBORN (SEE
BELOW)
In re: Blakey (Buhania), 187 Misc.2d 312; 722 N.Y.S.2d 333 (Sup. Ct., Monroe Cty., 2000)
Court denies OMRDD claims for reimbursement of "improperly paid" Medicaid because when the
benefits were paid, the funds were not "available" to the client and will not be "available" until she
has a guardian to take them on her behalf. Court authorizes attorneys fees to the AIP's attorney
pursuant to the Civil Rights Attorney's Fee Act of 1976 against AG for raising this argument, even
though Attorney General claims to have raised the argument in good faith claiming this area of the
law is still unsettled.
nd
Carpenter v. Saltone Corp., 276 A.D.2d 202, 716 N.Y.S.2d 86 (2 Dept., 2000)
Under rule of Baker v. Sterling, 39 NY2d 397 (1976), a Medicaid lien for a person under age 21
must be satisfied to the extent to of reimbursing Medicaid for funds paid for medical treatment for
the minor. Citing the Appellate Division decision in Gold v. United Health Services Hosps., 261
AD2d 67 (1999), and other cases, Court held that counsel for an infant in a personal injury action
may not circumvent the rule of Baker by denominating the entire settlement as being for pain and
suffering.
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