Gheen v. State ex rel. Dep’t of HealthAnnotate this Case
After Peggy Gheen died, her sons discovered quitclaim deeds Mrs. Gheen had executed to them for her interests in a residential property and a farm. The Gheen sons subsequently recorded the deeds. The State ex rel. Dep’t of Health, Div. of Healthcare Financing/Equitycare (Department) filed a lien against both properties to recover the cost of Medicaid benefits paid on behalf of Mrs. Gheen before her death. The Gheen sons filed a petition to remove a false lien and quiet title, claiming they were the rightful owners of the property. The Department moved for summary judgment, asserting that it had a valid lien because Mrs. Gheen owned the properties at the time of her death and the quitclaim deeds were not valid. The district court granted summary judgment for the Department. The Supreme Court affirmed, holding that the Department’s Medicaid lien was valid as to the properties.