Supreme Court of New Jersey

Sophie Mistrick, Petitioner-Respondent v. Division of Medical Assistance and Health Services, Respondent-Appellant…

June 8, 1998154 N.J. 158

Summary

The Supreme Court of New Jersey held that the Medicare Catastrophic Coverage Act (MCCA) supersedes the Medicaid "no more restrictive" methodology provision, that the SSI regulation excluding IRAs does not control Medicaid eligibility, and that Joseph Mistrick's IRA is an includable resource for determining Sophie Mistrick's Medicaid eligibility. Accordingly, the Court reversed the Appellate Division and concluded the IRA must be counted. The decision resolves a significant issue for married couples where one spouse seeks institutional Medicaid benefits.