South Carolina              
Administrative Law Court
Edgar A. Brown building 1205 Pendleton St., Suite 224 Columbia, SC 29201 Voice: (803) 734-0550

SC Administrative Law Court Decisions

CAPTION:
DAVID D. PAIT, JR. vs. SCDHEC

AGENCY:
SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

PARTIES:
Appellant:
DAVID D. PAIT, JR.

Respondent:
SOUTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES

IN RE: DAVID PAIT, JR., Medicaid Appellant/Beneficiary Appellant.
 
DOCKET NUMBER:
06-ALJ-08-0158-AP

APPEARANCES:
n/a
 

ORDERS:

CONSENT ORDER

The parents of David Pait, Jr. created a supplemental needs trust on April 5, 2004. The Department of Health and Human Services (“DHHS”) rejected the trust, contending a provision of the trust (section 2.2.2.7) did not comply with the requirements of MR 12.07, now 302.30.06, and filed notice of termination of benefits. The Trust included a provision (section 1.2.3) which provided that any portion of the Trust that did not comply with the rules and regulations concerning special need trust was null and void and had no effect. The hearing officer found in favor of DHHS. Appellant appealed and benefits were continued pending the outcome of the appeal.

To resolve the appeal, the parties agree as follows:

1.      David Pait, Jr., is eligible to receive Medicaid benefits from April 5, 2004 forward, subject to his continuing to be eligible for benefits under the pertinent federal and state laws, regulations and policies. That any benefits received by David Pait, Jr. after April 5, 2004 will not have to be repaid.

2.      That the David Pait, Jr. Trust dated April 5, 2004, as amended and restated conforms to all applicable federal and state laws, regulations and policies.

NOW, THEREFORE, based on the consent of the parties, it is ORDERED:

1.      That David Pait, Jr. has been eligible to receive Medicaid benefits from April 5, 2004 forward and shall not have to repay Medicaid any money received from DHHS for Medicaid benefits.

2.      That the David Pait, Jr. Trust dated April 5, 2004, as amended and restated, conforms to all applicable federal and state laws, regulations, and policies.

IT IS FURTHER ORDERED this appeal is DISMISSED.

June 25, 2007

________________________
John D. McLeod

Administrative Law Judge

WE CONSENT:

/s George Burnett, Attorney for DHHS

/s Dennis Christensen, Attorney for David Pait


~/pdf/060158.pdf
PDF

Brown Bldg.

 

 

 

 

 

Copyright © 2022 South Carolina Administrative Law Court