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New York May Recover Medicaid Benefits From SNT Despite Satisfaction of Prior Lien
A New York appeals court holds that the state may seek recovery of Medicaid payments made during a beneficiary’s lifetime from the remaining corpus of a special needs trust, even though a prior Medicaid lien had been satisfied before the SNT’s creation. In the Matter of Joseph M.W. (N.Y. App. Div., 4th, No. 512 CA 19-00461, Nov. 13, 2020).
Joseph M.W., a developmentally disabled individual, suffered an accident that rendered him a quadriplegic. He received a personal injury settlement against which the Cayuga County Department of Social Services (DSS), filed a Medicaid lien reflecting the cost of care associated with his injuries. Following the satisfaction of the lien, the remaining settlement proceeds were transferred into the J.M.W. Special Needs Trust (SNT). According to the terms of the SNT, any existing Medicaid liens would be paid to the state upon M.W.’s death from the corpus of the SNT.
At the time of M.W.’s death, the SNT held in excess of $2 million. A proceeding was commenced to compel the trustee of the SNT to file a judicial settlement. The trustee sought an order determining the amount of the SNT’s corpus needed to satisfy any existing Medicaid liens. The former trustee and remainder beneficiary, Terry J. Blake, sought an order that all Medicaid liens had been fully satisfied and discharged pursuant to the earlier lien and that she was entitled to the remainder of the SNT corpus.
The Supreme Court, Cayuga County, conducted a hearing to determine the value of the Medicaid lien and, over Ms. Blake’s objection, admitted into evidence the records produced by DSS to prove up its claim. The court then determined that a Medicaid lien in excess of the value of the SNT existed and directed the trustee to pay it. Ms. Blake appealed the order.
The Supreme Court of New York, Appellate Division, affirms, holding that there was a valid, existing Medicaid lien on the SNT. It further holds that there is no “temporal limitation” on a state’s right to recover the total Medicaid paid on behalf of an individual during his lifetime. The court rejects the argument that DSS could not recover any sums from the remaining SNT corpus because its prior lien had been satisfied. First, that lien was satisfied before the creation of an SNT, as required by law. Second, the terms of the SNT allowed recovery of the total amount of Medicaid payments for services provided up to the balance of the SNT corpus at the time of death. The court remits the matter to the Supreme Court for a new hearing to determine the amount of the Medicaid lien.
A roundup of elder law news and practice development articles culled from news sources across the nation during the week of April 15, 2025, to April 21, 2025.
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New York May Recover Medicaid Benefits From SNT Despite Satisfaction of Prior Lien
A New York appeals court holds that the state may seek recovery of Medicaid payments made during a beneficiary’s lifetime from the remaining corpus of a special needs trust, even though a prior Medicaid lien had been satisfied before the SNT’s creation. In the Matter of Joseph M.W. (N.Y. App. Div., 4th, No. 512 CA 19-00461, Nov. 13, 2020).
Joseph M.W., a developmentally disabled individual, suffered an accident that rendered him a quadriplegic. He received a personal injury settlement against which the Cayuga County Department of Social Services (DSS), filed a Medicaid lien reflecting the cost of care associated with his injuries. Following the satisfaction of the lien, the remaining settlement proceeds were transferred into the J.M.W. Special Needs Trust (SNT). According to the terms of the SNT, any existing Medicaid liens would be paid to the state upon M.W.’s death from the corpus of the SNT.
At the time of M.W.’s death, the SNT held in excess of $2 million. A proceeding was commenced to compel the trustee of the SNT to file a judicial settlement. The trustee sought an order determining the amount of the SNT’s corpus needed to satisfy any existing Medicaid liens. The former trustee and remainder beneficiary, Terry J. Blake, sought an order that all Medicaid liens had been fully satisfied and discharged pursuant to the earlier lien and that she was entitled to the remainder of the SNT corpus.
The Supreme Court, Cayuga County, conducted a hearing to determine the value of the Medicaid lien and, over Ms. Blake’s objection, admitted into evidence the records produced by DSS to prove up its claim. The court then determined that a Medicaid lien in excess of the value of the SNT existed and directed the trustee to pay it. Ms. Blake appealed the order.
The Supreme Court of New York, Appellate Division, affirms, holding that there was a valid, existing Medicaid lien on the SNT. It further holds that there is no “temporal limitation” on a state’s right to recover the total Medicaid paid on behalf of an individual during his lifetime. The court rejects the argument that DSS could not recover any sums from the remaining SNT corpus because its prior lien had been satisfied. First, that lien was satisfied before the creation of an SNT, as required by law. Second, the terms of the SNT allowed recovery of the total amount of Medicaid payments for services provided up to the balance of the SNT corpus at the time of death. The court remits the matter to the Supreme Court for a new hearing to determine the amount of the Medicaid lien.
New York May Recover Medicaid Benefits From SNT Despite Satisfaction of Prior Lien
<p>A New York appeals court holds that the state may seek recovery of Medicaid payments made during a beneficiary’s lifetime from the remaining corpus of a special needs trust, even though a prior Medicaid lien had been satisfied before the SNT’s creation. <a href="https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2020/1113T1500/PDF/0512.pdf" target="_blank"><em>In the Matter of Joseph M.W.</em></a> (N.Y. App. Div., 4th, No. 512 CA 19-00461, Nov. 13, 2020).</p>
<p style="text-align:justify">Joseph M.W., a developmentally disabled individual, suffered an accident that rendered him a quadriplegic. He received a personal injury settlement against which the <span style="color:black">Cayuga County Department of Social Services (DSS), filed a </span>Medicaid lien reflecting the cost of care associated with his injuries. Following the satisfaction of the lien, the remaining settlement proceeds were transferred into the J.M.W. Special Needs Trust (SNT). According to the terms of the SNT, any existing Medicaid liens would be paid to the state upon M.W.’s death from the corpus of the SNT.</p>
<p style="text-align:justify">At the time of M.W.’s death, the SNT held in excess of $2 million. A proceeding was commenced to compel the trustee of the SNT to file a judicial settlement. The trustee sought an order determining the amount of the SNT’s corpus needed to satisfy any existing Medicaid liens. The former trustee and remainder beneficiary, Terry J. Blake, sought an order that all Medicaid liens had been fully satisfied and discharged pursuant to the earlier lien and that she was entitled to the remainder of the SNT corpus.</p>
<p style="text-align:justify">The Supreme Court, Cayuga County, conducted a hearing to determine the value of the Medicaid lien and, over Ms. Blake’s objection, admitted into evidence the records produced by DSS to prove up its claim. The court then determined that a Medicaid lien in excess of the value of the SNT existed and directed the trustee to pay it. Ms. Blake appealed the order.</p>
<p style="text-align:justify">The Supreme Court of New York, Appellate Division, affirms, holding that there was a valid, existing Medicaid lien on the SNT. It further holds that there is no “temporal limitation” on a state’s right to recover the total Medicaid paid on behalf of an individual during his lifetime. The court rejects the argument that DSS could not recover any sums from the remaining SNT corpus because its prior lien had been satisfied. First, that lien was satisfied before the creation of an SNT, as required by law. Second, the terms of the SNT allowed recovery of the total amount of Medicaid payments for services provided up to the balance of the SNT corpus at the time of death. The court remits the matter to the Supreme Court for a new hearing to determine the amount of the Medicaid lien.</p>
<p>The full text of the court’s decisions can be found at: <a href="https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2020/1113T1500/PDF/0512.pdf" target="_blank">https://www.nycourts.gov/courts/ad4/Clerk/Decisions/2020/1113T1500/PDF/0512.pdf</a></p>
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