In re Marilyn Clifford

Summary

The Vermont Supreme Court affirmed the denial of Medicaid-funded Choices for Care benefits to Marilyn Clifford. The court held that the Medicaid home-exclusion rule did not require exclusion of a second farmhouse located on adjacent property from the applicant’s countable resources. It deferred to the Secretary of the Agency of Human Services, concluding that the rule excluded only the applicant’s principal residence, contiguous land, and related outbuildings.

Holdings

1. Medicaid Rules § 4241.1 does not require exclusion of a separate second home or every building located on contiguous property. The exclusion is limited to the shelter in which the applicant resides, contiguous land, and related outbuildings.
2. The Secretary's interpretation of the department's governing statutes and regulations will not be disturbed absent a compelling indication of error.

Questions Presented

1. Whether Vermont Medicaid Rules § 4241.1 requires exclusion from countable resources of a second home or any other building located on contiguous property adjacent to an applicant's principal residence.
2. Whether the Secretary's interpretation of the Medicaid home-exclusion rule was entitled to deference and lacked a compelling indication of error.

Disposition

affirmed