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FROM THE KNOWLEDGE BANK
A Colorado district court determines that because a special needs trust (SNT) is not forced by state law to terminate once the beneficiary withdraws from the Medicaid program, the court may lack subject matter jurisdiction over a challenge to the state’s attempt to recover Medicaid funds from the trust during the beneficiary’s lifetime. Brockman v Bimestefer (D. Colo., No. 19-cv-1153-WJM-KMT, Feb. 13, 2020).
In a case we wrote about last fall, the settlement proceeds that Mendy Brockman received for injuries from a car crash were placed in an SNT established by the court and approved by the Colorado Department of Health Care Policy & Financing (HCPF) in 2014. Ms. Brockman received Medicaid benefits until she removed herself from the Medicaid program on January 1, 2019. In March 2019, HCPF directed Ms. Brockman to terminate her SNT and reimburse the state $422,486 for the medical benefits she had received. HCPF based its demand on a state statute and regulation, 10 C.C.R. 2505-10, § 8.100.7.E.6.b.i.e, and C.R.S. § 15-14-412.8, that it contended compel an SNT to terminate when the trust is no longer required for Medicaid eligibility.
Jason Brockman, trustee of Ms. Brockman’s SNT, along with Ms. Brockman, filed suit challenging HCPF’s direction, claiming that the two state laws conflict with federal Medicaid law. They sought declaratory and injunctive relief only. HCPF responded with a motion to stay and motion to dismiss. The court granted the motion to stay pending its ruling on the motion to dismiss.
HCPF argued that the Brockman’s claim should be dismissed because the SNT terminated when Ms. Brockman removed herself from the Medicaid program. The Brockmans argued that federal law preempted state law on this issue and that there is no federal law requiring termination of an SNT during an individual’s lifetime.
The United States District Court for the District of Colorado finds that neither federal nor state law required that Ms. Brockman’s SNT terminate upon her decision to forego Medicaid benefits and that such termination during her lifetime turned on the language of the Declaration of Trust. Finding that the trust did not terminate by operation of law or contract, the court further finds no allegation that Ms. Brockman is otherwise ineligible for Medicaid benefits. Because the trust has not terminated, the court concludes that HCPF has no right to recover Medicaid expenses from the SNT and the court’s ruling on questions regarding preemption would be advisory in nature. Finally, the court opines that the real dispute may be a state law contract dispute. Concluding that the federal question of preemption may be unripe for decision the court orders the parties to show cause why the case should not be dismissed for lack of subject matter jurisdiction.
To read the court’s full opinion, click here.
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