Justice Donna Mills

Department of Social Services’ (DSS) Commissioner Doar sought to recover Medicaid costs under Social Services Law (SSL) §101(1). Doar also sought dismissal of Mendelson’s first through fifth affirmative defenses. Mendelson’s spouse was institutionalized in a nursing home, and DSS provided over $81,000 under Medicaid for his care. DSS sued to recover part of the cost from Mendelson claiming she had sufficient ability to afford the spouse’s care. Mendlson alleged she was not in breach of any obligation or duty. Doar claimed there was an implied contract between DSS and Mendelson because it believed she had sufficient income, for her to reimburse DSS for the spouse’s care. The court ruled whether or not Mendelson had sufficient income, as required by §366(3)(a) before an implied contract was created, was a disputed matter, denying dismissal of the defense. Mendelso also argued she did not possess total resources above the community spouse’s resource allowance (CSRA) level of $109,560. The court also found Mendelson’s denial that she possessed funds above the CSRA a factual matter, and not conducive to discussion on a motion to dismiss, denying same.