Posted on May 04, 2020

Medicaid MassHealth

A Maryland appeals court rules that only a personal representative of a deceased Medicaid applicant’s estate can be named a Medicaid authorized representative to pursue a Medicaid appeal on the resident’s behalf. Turner v. Maryland Dept. of Health (Md. Ct. Spec. App., No. 2304, April 2, 2020).

Nursing home resident Linda Turner applied for Medicaid benefits. She passed away just before the state denied her application. The nursing home petitioned the court to be appointed Ms. Turner’s Medicaid authorized representative. The petition was granted, and the nursing home appealed to the benefits denial. 

The state denied the appeal, claiming the state lacked standing because it was not the personal representative of Ms. Turner’s estate. The trial court agreed with the state, and the nursing home appealed.

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Michael Monteforte, Jr.
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