ND Statute Violates Medicaid Law, 8th Circ. Rules

Law360, Los Angeles (September 10, 2013, 4:23 PM EDT) -- The Eighth Circuit on Tuesday affirmed a lower court’s finding that a North Dakota statute that allowed the state’s Department of Human Services to count an applicant’s wife’s annuity toward eligibility for Medicaid benefits is preempted by federal law, holding that the man was wrongfully denied.

John Geston applied for Medicaid benefits and the NDDHS denied his application, saying the total assets owned by John and Carolyn Geston exceeded the eligibility limit. The Gestons subsequently sued the executive director of NDDHS in her official capacity in...
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