MALLOY v. DEPARTMENT OF PUBLIC WELFARE (No. 1575 C.D. 2009): A Memorandum Opinion was issued by a three-Judge panel of the Commonwealth Court reported unofficially. Read the facts of the case and unofficial reporting here. This case shows the Pennsylvania Department of Revenue’s (DPW) expanded attempts to recapture overpayment of Medicaid benefits. The DPW relied on the guardians intimate knowledge of the financial transactions, his signature on the Medicaid Application and the Medicaid application verbage that states among other things, “any person enriched as a result of a transfer of assets or income, which would have affected [the recipient’s] eligibility, will be liable for repayment of those benefits issued incorrectly.” It further highlights just how imortant it is to have proper legal counsel through all phases of the Elder Law Planning and Medicaid application process.
