Kaspari v. N.D. Dep't. of Human Services

20100379 David Kaspari and
Sarah Kaspari, Appellees
v.
Carol K. Olson, Executive
Director, North Dakota
Department of Human Services, Appellant

Appeal from: District Court, East Central Judicial District, Cass County
Judge Douglas R. Herman
Nature of Action: Administrative Proceeding
Counsel:
Appellant: Jeanne Marie Steiner , Att. General Office
Appellee: C Nicholas Vogel
Term: 03/2011   Argument: 03/01/2011  2:45pm
ND cite: 2011 ND 124
NW cite: 799 N.W.2d 348

Listen to recording of oral argument in MP3 format

Issues: Appellant's Statement of the Issues:
Federal regulations require Medicaid recipients to apply their post-eligibility income towards health care costs, allowing specific deductions for personal needs, maintenance needs of a spouse or family at home, health care premiums and Supplemental Security Income benefits. David and Sarah Kaspari receive Medicaid. Must David and Sarah use their income to pay health care costs instead of spending it on mortgage interest and real estate tax expenses on life estate property?

Appellee's Statement of the Issues:
The Appellees, David and Sarah Kaspari (the "Kasparis"), disagree with the Statement of the Issue as presented by the Department of Human Services (the "Department"). The dispute in this case is a legal one that centers around the proper interpretation of the following language found in Section 75-02-02.1-41.1 ("Section 41.1") of the North Dakota Administrative Code (the "Administrative Code"): "Recipient liability is the amount of monthly net income remaining after all appropriate deductions, disregards, and Medicaid income levels have been allowed." [Emphasis supplied] The specific legal question for the court to decide is this: For purposes of determining the recipient liability of David and Sarah Kaspari under Section 41.1, are the annual real estate taxes and mortgage interest that the Kasparis must pay in order to retain their interest in their farmland appropriate deductions in arriving at the amount of their net income from the farmland that they rent out for cash?

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Docket entries:
111/22/2010 NOTICE OF APPEAL: 11/19/2010
211/22/2010 ANNOUNCED DISQUALIFICATION: Kapsner, Carol Ronning
311/23/2010 E-mail from Jeanne Steiner RE: no filing fee required and no transcript on appeal ordered
411/23/2010 DISK - Transcript of Administrative Hearing on January 14, 2010 (e-mailed)
512/21/2010 RECORD ON APPEAL (electronic 1-81)
612/29/2010 APPELLANT BRIEF
712/29/2010 APPELLANT APPENDIX
812/29/2010 DISK - atb (e-mailed)
901/27/2011 APPELLEE BRIEF
1001/27/2011 DISK-AEB (e-mailed)
1102/10/2011 REPLY BRIEF
1202/11/2011 DISK-RYB (E-MAILED)
1302/15/2011 NOTICE OF ORAL ARGUMENT SENT
1402/18/2011 SITTING WITH THE COURT: Schmalenberger, Allan L.
1503/01/2011 APPEARANCES: Jeanne M. Steiner; C. Nicholas Vogel
1603/01/2011 ARGUED: Jeanne M. Steiner; C. Nicholas Vogel
1703/01/2011 ORAL ARGUMENT WEBCAST
1806/24/2011 DISPOSITION: REVERSED AND REMANDED
1906/24/2011 UNANIMOUS OPINION: VandeWalle, Gerald W.
2006/24/2011 Costs on appeal taxed in favor of appellant.
2106/27/2011 Judgment Sent to Parties
2208/01/2011 MANDATE
2308/08/2011 RECEIPT SIGNED BY DISTRICT COURT CLERK'S OFFICE

Generated from Supreme Court Docket on 08/29/2014