Major Cases

Major Cases

Ron Landsman has been actively involved in initiating and litigating the issue of State Medicaid programs’ treatment of “pre-eligibility medical expenses.”

    Other significant cases and legal matters

    • Draper v. Colvin in the US Court of Appeals for the Eighth Circuit. Filed brief as counsel for the National Academy of Elder Law Attorneys and Special Needs Alliance are Amicus Curiae. The issue in Draper is whether SSI can deny benefits to someone, otherwise qualified, because the parents who created a special needs trust to hold the child’s personal injury recovery also had authority to act for the child in other regards. (If the parents created the trust as the child’s agents, then SSI would be correct that the trust was not valid under federal law.) Although SSI claimed to decide based on state (South Dakota) law, South Dakota law is to the opposite of what SSI claimed on every aspect of the decision.
    • Saccone v. Board of Trustees, Police and Firefighters Retirement System in the Supreme Court of New Jersey. Filed brief as counsel for the Special Needs Alliance are Amicus Curiae.The issue in Saccone is whether the New Jersey police and firefighters’ benefit for disabled children can be directed by the retired worker to a special needs trust for the disabled child. The brief for SNT focused on the apparent confusion of the lower court on the rules respecting special needs trusts and federal public benefits and sought to provide a clear taxonomy of such trusts and how each functioned respecting income and assets. The Supreme Court of New Jersey held that the disabled child of a retired member of the PFRS may have his or her survivors’ benefits paid into a first party SNT created for him or her under 42 U.S.C.A. § 1396p(d)(4)(A).
    • Lewis v. Alexander, 685 F.3d 325 (3rd Cir., 2012), cert. denied, 184 L.Ed.2d 724 (2013). Filed brief as counsel for the National Academy of Elder Law Attorneys and Special Needs Alliance are Amicus Curiae.The Third Circuit held that Congress established the rules that control pooled special needs trusts for SSI and Medicaid purposes and the states can neither add or detract from those requirements, although they can supevise pooled special needs trusts the way they supervise private trust arrangements generally.
    • Walton v. Mariner Health of Maryland, Inc. 391 Md. 643 (2006). Co-counsel, with Benjamin Woolery, for appellant. The Court held that the standard agency-approved nursing home admission agreement did not permit a claim for non-payment against “responsible parties,” personally, who sign a relative in to a nursing home.
    • D.C. v. Rasmussen, D.C. Superior Court, Admn. No. 1641-00 (Estate of Simmons). Successfully opposed D.C. Medicaid program claim against decedent’s estate for recovery of benefits paid for services provided individual under the “community medicaid” program because of D.C.’s failure to properly promulgate its estate recovery program in its Medicaid State Plan, a Federal law requirement. 2002-2006 In the next four years, successfully opposed D.C. Medicaid program claims against decedent’s estates for recovery of benefits paid for services for the same defect and because of D.C.’s failure to give Federally required notice respecting rights to hardship waiver and prohibition against estates with surviving spouses and disabled children. D.C. changes its policies and practices in 2006.
    • McGhee et al. v. Secretary, Dept. of Health and Mental Hygiene, et al., Maryland Court of Special Appeals, September Term 1999, No. 02837, Order dated December 26, 2000. Settled claim with Maryland Medicaid agreement to come into compliance with Federal law and permit the use of court orders to increase the income and resources of the “community” spouses of married nursing home residents.
    • Treatment of out-of-state former homes. In 1994, persuaded Maryland Medicaid program to change policy to come into compliance with Federal law and permit nursing home residents to treat out-of-state former homes as exempt former home without loss of residency status for Medicaid eligibility purposes. Results in treating former DC (and other state) residents in Maryland nursing homes to be treated same as Maryland residents with respect to former homes. See “Maryland Medicaid Agrees to Exclude Out-of-State Former Homes,” The ElderLaw Report, 12:2, P. 5 (September 1995).