Roselyn Ford v. Department of Health and Human Services

Michigan Supreme Court

Roselyn Ford v. Department of Health and Human Services

DecidedMarch 7, 2018

Docket156134

StatusPublished

This text of Roselyn Ford v. Department of Health and Human Services (Roselyn Ford v. Department of Health and Human Services) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Roselyn Ford v. Department of Health and Human Services, (Mich. 2018).

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Opinion

Order Michigan Supreme Court Lansing, Michigan

March 7, 2018 Stephen J. Markman, Chief Justice

156132-4 & (80) Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder MARY ANN HEGADORN, Elizabeth T. Clement, Plaintiff-Appellant, Justices

v SC: 156132 COA: 329508 Livingston CC: 2014-028394-AA DEPARTMENT OF HUMAN SERVICES DIRECTOR, Defendant-Appellee.

_________________________________________/ DEBORAH D. TRIM, Personal Representative of the Estate of DOROTHY LOLLAR, Plaintiff-Appellant, v SC: 156133 COA: 329511 Livingston CC: 2014-028395-AA DEPARTMENT OF HUMAN SERVICES DIRECTOR, Defendant-Appellee.

_________________________________________/ ROSELYN FORD, Plaintiff-Appellant, v SC: 156134 COA: 331242 Washtenaw CC: 15-000488-AA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

_________________________________________/ 2

On order of the Court, the motion to file response is GRANTED. The application for leave to appeal the July 27, 2017 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed whether: (1) the Court of Appeals clearly erred in holding that the trust assets of the plaintiffs’ spouses’ and decedent Lollar’s spouse are “countable assets” for purposes of Medicaid eligibility; and (2) the Department of Health and Human Services could base its decision on the retroactive application of a department policy adopted more than 45 days after the plaintiffs’ applications were filed. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 7, 2018 t0228d Clerk

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Order Michigan Supreme Court Lansing, Michigan

March 7, 2018 Stephen J. Markman, Chief Justice

156132-4 & (80) Brian K. Zahra Bridget M. McCormack David F. Viviano Richard H. Bernstein Kurtis T. Wilder MARY ANN HEGADORN, Elizabeth T. Clement, Plaintiff-Appellant, Justices

v SC: 156132 COA: 329508 Livingston CC: 2014-028394-AA DEPARTMENT OF HUMAN SERVICES DIRECTOR, Defendant-Appellee.

_________________________________________/ DEBORAH D. TRIM, Personal Representative of the Estate of DOROTHY LOLLAR, Plaintiff-Appellant, v SC: 156133 COA: 329511 Livingston CC: 2014-028395-AA DEPARTMENT OF HUMAN SERVICES DIRECTOR, Defendant-Appellee.

_________________________________________/ ROSELYN FORD, Plaintiff-Appellant, v SC: 156134 COA: 331242 Washtenaw CC: 15-000488-AA DEPARTMENT OF HEALTH AND HUMAN SERVICES, Defendant-Appellee.

_________________________________________/ 2

On order of the Court, the motion to file response is GRANTED. The application for leave to appeal the July 27, 2017 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed whether: (1) the Court of Appeals clearly erred in holding that the trust assets of the plaintiffs’ spouses’ and decedent Lollar’s spouse are “countable assets” for purposes of Medicaid eligibility; and (2) the Department of Health and Human Services could base its decision on the retroactive application of a department policy adopted more than 45 days after the plaintiffs’ applications were filed. The time allowed for oral argument shall be 20 minutes for each side. MCR 7.314(B)(1).

Persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. March 7, 2018 t0228d Clerk

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Roselyn Ford v. Department of Health and Human Services, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roselyn-ford-v-department-of-health-and-human-services-mich-2018.