Opinion
Docket Nos. 153356 153370 153371 153372 153373. COA Nos. 326642 323090 323185 323304 326642.
07-08-2016
In re ESTATE OF Olive RASMER. Department of Health and Human Services, Plaintiff–Appellee, v. Richard Rasmer, Personal Representative of the Estate of Olive Rasmer, Defendant–Appellant. In re Estate of Irene Gorney. Department of Health and Human Services, Plaintiff–Appellant, v. Estate of Irene Gorney, Defendant–Appellee. In re Estate of William B. French. Department of Health and Human Services, Plaintiff–Appellant, v. Daniel Gene French, Personal Representative for the Estate of William B. French, Defendant–Appellee. In re Estate of Wilma Ketchum. Department of Health and Human Services, Plaintiff–Appellant, v. Estate of Wilma Ketchum, Defendant–Appellee. In re Estate of Olive Rasmer. Department of Health and Human Services, Plaintiff–Appellant, v. Richard Rasmer, Personal Representative of the Estate of Olive Rasmer, Defendant–Appellee.
Order
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).
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.