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Lance Patterson v. Indiana Family and Social Services Administration

Paid petition · Court of Appeals of Indiana, No. 18A-PL-925 · judgment January 17, 2019

Certiorari denied · December 16, 2019
Pre-decision estimate: 0% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

Federal law requires Medicaid recipients to pay from their income received a portion of their monthly nursing home bill, called the resident’s “liability.” Two important questions of federal law arise regarding how to calculate a resident’s liability:

  1. Did the Indiana Court of Appeals incorrectly determine a question of federal law by ruling that, when calculating the resident’s liability, a state Medicaid agency must include garnished income in “income received,” thus creating a conflict with the South Dakota Supreme Court?

  2. In determining this question of federal law, was it error for the Indiana Court of Appeals to defer to the state Medicaid agency’s interpretation of “income received” in 42 C.F.R. § 435.725?

Counsel of record

For petitioner
Dennis Kay Frick
lndiana Legal Services, Inc..

For respondent
Thomas M. Fisher
EdChoice, Inc.

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Dec 16 2019
    Petition DENIED.
  2. Nov 26 2019
    DISTRIBUTED for Conference of 12/13/2019.
  3. Nov 21 2019
    Reply of petitioner Lance Patterson filed.
  4. Nov 08 2019
    Brief of respondent Indiana Family and Social Services Administration in opposition filed.
  5. Oct 04 2019
    Motion to extend the time to file a response is granted and the time is further extended to and including November 8, 2019.
  6. Oct 02 2019
    Motion to extend the time to file a response from October 9, 2019 to November 8, 2019, submitted to The Clerk.
  7. Aug 30 2019
    Motion to extend the time to file a response is granted and the time is extended to and including October 9, 2019.
  8. Aug 28 2019
    Motion to extend the time to file a response from September 9, 2019 to October 9, 2019, submitted to The Clerk.
  9. Aug 07 2019
    Petition for a writ of certiorari filed. (Response due September 9, 2019)