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Estate of Barnes v. Lawrence Nursing Care Center11/10/2003
ppeals held "that the Department of Social Services is entitled to satisfy a Medicaid lien placed on the proceeds of a personal injury settlement pursuant to Social Services Law § 104-b before a plaintiff may transfer those funds to a supplemental needs trust." Calvanese v, Calvanese, 93 N.Y.2d 111, 115(1999). In Calvanese, the Court decided the question left open in Cricchio holding that "the entire amount of a personal injury settlement available to satisfy a Medicaid lien." Id. at 116.
To the extent that the Administrative Directive of the Department of Health (ADM 02 OMM/ADM-3) interprets Public Health Law §2801-d(5) to effect a waiver (*5)of Medicaid liens upon damages recovered under this provision, such directive is "out of harmony" with the above cited provisions of the Social Services Law, "contravenes the will of the legislature," Weiss v. City of New York, 95 N.Y.2d 1, (2000), and cannot be deemed to provide a lawful interpretation of the disputed provision.
In conclusion this Court holds, that Public Health Law §2801-d(5) does not effect a waiver of Medicaid liens asserted in actions instituted under this statute. The Medicaid lien herein asserted is effective as to the entire recovery for conscious pain and suffering regardless of what theory of recovery in which it is grounded.
The motion to vacate the lien is denied.
This constitutes the decision and order of the Court.
(*6) Decision Date: November 10, 2003
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