Donna G. v. Nebraska Department of Health & Human Services
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The Supreme Court reversed the opinion of the district court affirming the decision of the Nebraska Department of Health and Human Services (DHHS) terminating the Medicaid benefits of Eric S., holding that the corpus of a trust was not available to Eric for purposes of determining his Medicaid eligibility.
Specifically, the Court held (1) the trust at issue was properly characterized as a testamentary trust; (2) applying Pohlmann v. Nebraska Department of Health & Human Services, 710 N.W.2d 639 (Neb. 2006), the trust was a discretionary trust, and Eric did not have the ability to compel distribution of the entire corpus; and (3) therefore, it was error to find the entire trust corpus was an available resource in evaluating Eric’s eligibility for Medicaid.
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