3 No. 7
Abraham J. Gold, an Infant, &c., et al.,
Appellants,
v.
United Health Services Hospitals Inc., et al.,
Defendants, and New York State Office of Mental Retardation and
Developmental Disabilities et al.,
Respondents.
_________________________________________________________________
_________________________________________________________________
1 No. 19
Kimberly Santiago, &c., et al.,
Appellants,
v.
Craigbrand Realty Corp. et al.,
Defendants, and New York City Department of Social Services,
Respondent.
_________________________________________________________________
Case No. 7:
_________________________________________________________________
2001 NY Int. 15
February 15, 2001
This opinion is uncorrected and subject to revision before publication
in the New York Reports.
James M. Hayes, for appellants.
Kathleen M. Treasure, for respondent State agency.
Howard Schultz, for respondent county department.
Case No. 19: Brian J. Farrell, for appellants.
Mordecai Newman, for respondent.
_________________________________________________________________
ROSENBLATT, J.:
Social Services Law § 104(2) limits the amount that a public welfare
official may recoup from an infant who receives public assistance
benefits. In these two cases, we must decide whether Medicaid's
recoupment provisions are subject to this limitation. We conclude that
they are not.
Kimberly Santiago
SNIPPETS:
Kimberly Santiago, &c., et al., Appellants, v. Craigbrand Realty Corp. et al., Defendants,
This opinion is uncorrected and subject to revision before publication in the New York
Kathleen M. Treasure, for respondent State agency.
Social Services Law § 104limits the amount that a public welfare official may recoup from an
we must decide whether Medicaid's recoupment provisions are subject to this limitation.
Benita Santiago, the child's mother, sued their landlord on behalf of herself and Kimberly,
After subtracting attorneys' fees and expenses, the Santiagos netted $89,759, which they
The New York City Department of Social Services asserted a lien on the settlement proceeds to
The Santiagos moved in Supreme Court to vacate the lien, arguing that Social Services Law §
The City appealed, and the Appellate Division reversed, holding that the City may recoup
Abraham Gold
They stipulated that if the verdict, reduced to present value, exceeded $5 million, the Golds
Abraham has received Medicaid benefits for medical assistance and custodial care.
To recoup their expenditures, the Broome County Department of Social Services and the New
Section 104, however, restricts an agency's ability to recover under section 104, when the
The Social Services Law also authorizes public welfare officials to place a lien on any
Once perfected in accordance with the statutory notice and filing provisions, the lien
The Department relied on the recoupment provision in Social Services Law § 104and the lien
Relying heavily on Baker v Sterling, appellants argue that Social Services Law § 104provides
We reiterated this point in Calvanese v Calvanese, stating that the Department of Social
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