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in Re Rasmer Estate
153373
| Mich. | Jul 8, 2016
|
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Case Information

*1 Order Michigan Supreme Court

Lansing, Michigan Robert P. Young, Jr., Chief Justice Stephen J. Markman Brian K. Zahra 153370-3 Bridget M. McCormack David F. Viviano Richard H. Bernstein Joan L. Larsen, Justices In re _________________________________________

DEPARTMENT OF HEALTH AND HUMAN SERVICES,

Plaintiff-Appellee,

v SC: 153356 14-049740-CZ

Defendant-Appellant.

_________________________________________/

In re Estate of IRENE GORNEY.

COA: 323090 Huron Probate Court: ESTATE OF IRENE GORNEY,

In re Estate of WILLIAM B. FRENCH.

COA: 323185 Calhoun Probate Court: DANIEL GENE FRENCH, Personal

Representative for the Estate of WILLIAM

B. FRENCH, Estate of WILMA KETCHUM.

COA: 323304 Clinton Probate Court: ESTATE OF WILMA KETCHUM

On order of the Court, the applications for leave to appeal the February 4, 2016 judgment of the Court of Appeals are considered, and they are GRANTED. The parties shall address whether and to what extent: (1) MCL 400.112g-k permit the plaintiff to seek estate recovery for medicaid services provided to an individual before that individual received notification of the estate-recovery program from the plaintiff; (2) estate recovery for such pre-notification services constitutes a violation of the individual’s substantive and/or procedural due process rights; and (3) a challenge to the plaintiff’s estate-recovery efforts under MCL 400.112g(4) is subject to judicial review. The total time allowed for oral argument shall be 60 minutes: 30 minutes for the plaintiff, followed by 30 minutes for the defendants. MCR 7.314(B). *3 Persons or groups interested in the determination of the issues presented in these cases may move the Court for permission to file briefs amicus curiae. Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these cases should be filed in In re Estate of Olive Rasmer , SC 153356 only and served on the parties in all cases.

I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. d0705 Clerk

Case Details

Case Name: in Re Rasmer Estate
Court Name: Michigan Supreme Court
Date Published: Jul 8, 2016
Docket Number: 153373
Court Abbreviation: Mich.
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